Green v. State

Thompson, Justice.

Keith Green was convicted of malice murder, armed robbery, street gang terrorism and possession of a firearm during the commis sion of a felony. He appeals, asserting, inter alia, the trial court erred in failing to direct a verdict of acquittal on the charge of street gang terrorism. We agree and reverse that conviction.

Viewed in a light most favorable to the State, we find the following: Green and the victim, Mercer Mallory, attended school together in Albany, Georgia. Mallory worked as a bag boy at a local supermarket and it was known that he carried cash. One afternoon,…