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S10A1118. DONALD v. THE STATE
State: Georgia
Court: Supreme Court
Docket No: S10A1118
Case Date: 09/20/2010
Preview:Final Copy 287 Ga. 798 S10A1118. DONALD v. THE STATE. MELTON, Justice. Following a jury trial, Steven Anthony Donald appeals his convictions for felony murder and possession of a firearm,1 contending that, under the facts of this case, the trial court improperly instructed the jurors that "juries are not bound to believe testimony as to facts incredible, impossible, or imperatively improbable." For the reasons set forth below, we agree and reverse. 1. Viewed in the light most favorable to the verdict, the record shows that, on the evening of October 21, 1998, the victim, John Mullinax, came to the trailer home that Donald shared with his fianc
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