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Final Copy 290 Ga. 680

S11A1929. CHEDDERSINGH v. THE STATE.

HINES, Justice. Soniel D. Cheddersingh appeals his conviction for the malice murder of Michael Walker, Jr., as well as his convictions for aggravated assault, armed robbery, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon.1 For the reasons that follow, we reverse. Construed to support the verdicts, the evidence showed that Walker and his cousin, Anthony Mack, Jr., were at the house of a friend. Mack answered

Walker was killed on March 1, 2007. On August 31, 2007, a Fulton County grand jury indicted Cheddersingh for malice murder, felony murder while in the commission of aggravated assault, felony murder while in the commission of possession of a firearm by a convicted felon, the aggravated assault of Walker, the aggravated assault of Anthony Mack, Jr., the armed robbery of Mack, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. Cheddersingh was tried before a jury August 11-14, 2008, and found guilty of all charges. On August 14, 2008, the trial court sentenced Cheddersingh to life in prison for malice murder, and consecutive terms of life in prison for armed robbery, 20 years for the aggravated assault of Mack, and five years for possession of a firearm by a convicted felon; the guilty verdicts for felony murder and the aggravated assault of Walker either merged with the malice murder or were vacated by operation of law. Malcolm v. State, 263 Ga. 369, 371-374 (4), (5) (434 SE2d 479) (1993). Cheddersingh moved for a new trial on August 27, 2008, and amended the motion on November 22, 2010, and again on March 25, 2011. The motion, as amended, was denied on May 23, 2011, and Cheddersingh filed a notice of appeal on June 17, 2011; his appeal was docketed in this Court for the September 2011 term, and submitted for decision on the briefs.

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a knock at the door and admitted Cheddersingh. Two minutes later, two other men knocked on the door of the home and forced their way inside; one man brandished an AK-47 assault rifle. Cheddersingh produced a .32 caliber handgun. Mack was kicked to the ground, and one of the intruders demanded, "Where the money at?", and Mack replied that he had $70 upstairs. Cheddersingh shot Walker with the handgun. Mack was forced upstairs and produced the money. The individual with the AK-47 accused Mack of lying about not having more cash, shot Mack in his right-hand side, and fled. Cheddersingh demanded Mack produce more money, told him "We didn't come for nothing," shot Mack in the left side of his chest, and fled. Mack went downstairs, answered a ringing telephone, spoke with Walker's mother over the telephone, then dialed 911. 1. The evidence was sufficient to enable a rational trier of fact to find Cheddersingh guilty beyond a reasonable doubt of all the crimes of which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2. Cheddersingh contends that the preprinted verdict form used

erroneously instructed the jury that in order to find him not guilty of the crimes
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charged, the jury had to do so beyond a reasonable doubt. We agree. Regarding Count 1, the verdict form set forth: "As to the offense of Murder (O.C.G.A.

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