Merritt v. State

Clarke, Justice.

James Merritt was convicted of the murder of Samuel Legree Jones. Merritt admitted shooting the victim four times. He also admitted stealing the victim’s car, watch and ring. His defense was killing in the heat of passion or justification. A Fulton County jury found him guilty of murder and theft by taking. He was sentenced to life imprisonment for the murder and ten years for the theft, the sentences to run consecutively. He appeals, and we reverse.

1. The evidence presented to the jury was sufficient to convince any rational trier of fact of the essential elements of the…