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Final Copy 289 Ga. 802 S11A1037. THE STATE v. GREEN.

MELTON, Justice. Jeffrey Waldon died on January 19, 2008, when his femoral artery was punctured by a knife held by Deiran Green during a physical struggle between the two men.1 The State indicted Green for malice murder, felony murder (with

This is the second appearance of this case in this Court. In the prior appeal (State v. Green, 288 Ga. 1, 2-3 (2) (701 SE2d 151) (2010) ("Green I")), this Court recited the facts as follows: [T]he trial court found that Green, who rented a room from Mr. and Mrs. Waldon, was confronted by an angry and irate Waldon as Green conversed with Mrs. Waldon in the kitchen while Green prepared dinner with the aid of a butcher knife. Waldon, angry that Green was talking with Mrs. Waldon, told Green to leave the house and said he would refund Green's pre-paid rent. Waldon left the kitchen and went to his bedroom as Green, still carrying the butcher knife, waited near an exterior door for the money. Waldon grabbed Green's wrists and, during the ensuing struggle, head-butted Green, at which time the butcher knife in Green's hand entered Waldon's right thigh and punctured the femoral artery. The trial court found that Green never attempted to stab or injure Waldon with the knife. A review of the transcript of the hearing shows Green testified that he did not trust Waldon when he left the kitchen to get Green's money, that Green continued to hold the butcher knife by his side in order to protect himself, and that Green did not attempt to stab or cut Waldon with the knife. Green also testified that Waldon commented on Green's possession of the knife, that Green told
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aggravated assault as the underlying offense), aggravated assault, and possession of a knife during the commission of a felony. On November 16, 2009, Green filed a motion to dismiss the indictment, arguing that he was immune from criminal prosecution pursuant to OCGA

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