State v. Sutton

THOMPSON, Chief Justice.

The State indicted appellee Jerry Sutton for malice murder in connection with the shooting of his brother-in-law, William Anderson. The trial court subsequently granted appellee’s motion to dismiss the indictment, finding that appellee acted in self-defense in shooting Anderson, see OCGA § 16-3-21, 1 and was thus immune from prosecution under OCGA § 16-3-24.2. 2 On appeal, the State asserts that, for several reasons, the trial court erred in granting appellee’s motion to dismiss. We affirm.

1. To prevail on his immunity claim, appellee was required to establish his…