McMillan v. State

Clarke, Justice.

Tony McMillan was indicted in Jenkins County along with James McMillan, Kevin McMillan and Sharon McMillan Bassett for the murder of Curtis Bassett, Sharon’s husband. He was tried separately before a jury, convicted of malice murder and sentenced to life in prison. He raises errors involving the sufficiency of the evidence, the conduct of the trial judge, the quashing of his subpoenaes and the charge. We find it necessary to reverse based upon language used when recharging the deadlocked jury.

Sharon and Curtis Bassett lived in Millen, Georgia. The state’s evidence showed that…