Love v. State

Carley, Justice.

Ernest Love was tried before a jury on an indictment charging him with the malice or, in the alternative, felony murder of one victim and the commission of an aggravated assault against another victim. Under the State’s evidence, Love fired several shots at a rival gang member against whom he held a grudge. Although the shots missed Love’s intended target, one struck and killed an innocent 17-year-old bystander. On this evidence, the jury found Love guilty of the malice murder of the bystander and of a separate aggravated assault against the rival gang member. The trial court…