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EVANS v. STATE

No. S02A1320.

571 S.E.2d 780 (2002)

275 Ga. 672

EVANS v. The STATE.

Supreme Court of Georgia.

October 28, 2002.

Attorney(s) appearing for the Case

Jerry W. Moncus, Dalton, for appellant.

Kermit N. McManus, Dist Atty., Thurbert E. Baker, Atty. Gen., Jill M. Zubler, Asst. Atty. Gen., for appellee.

THOMPSON, Justice.

Jonathan Lee Evans was convicted by a jury of malice murder and aggravated assault in the shooting death of Robert Storey.1 On appeal, Evans asserts that the evidence was insufficient to support the verdict. We affirm the conviction for malice murder, but because we conclude that Evans did not commit an aggravated assault independent of the act which caused the victim's death, we vacate the judgment of conviction and...

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