Prater v. State

Sears, Justice.

After appellants were convicted of felony murder based upon armed robbery and also convicted of aggravated assault,1 the trial court held that they were entitled to a new trial due to: (1) insufficient evidence to support the felony murder convictions, and (2) an erroneous jury instruction. Thereafter, on the State’s motion, the trial court vacated its findings that there was insufficient evidence to support the felony murder convictions, and amended the new trial > order to hold that appellants were entitled to a new trial due only to an erroneous jury instruction. The trial…