Day v. State

Pope, Presiding Judge.

Charles Day was charged with armed robbery, aggravated assault, and possession of a firearm during the commission of a felony. He was tried and convicted of aggravated assault and possession of a firearm during the commission of a felony. The jury was unable to reach a verdict on the armed robbery count, and the court declared a mistrial. Day appeals, contending that the court erred in denying his motion to arrest judgment on the conviction for possession of a firearm during the commission of a felony because that verdict was inconsistent with the mistrial on the armed…