Priest v. State

Carley, Justice.

After a jury trial in which the State did not seek the death penalty, appellant was acquitted of malice murder, but found guilty of felony murder while in the commission of an armed robbery and an aggravated assault. The trial court granted appellant’s subsequent motion for new trial, finding, in relevant part,

that there is no evidence that [appellant] participated in an armed robbery nor is there sufficient evidence to connect the assault committed by [appellant] to the homicide alleged in the indictment. . . . The evidence, being insufficient [as] to those matters herein…