Pace v. State

Sears, Justice.

The appellant, Vance Pace, appeals from his conviction of the malice murder of Arnold Harris and of the aggravated assault of Marva Ammons. On appeal, Pace contends, among other things, that the trial court erred in charging the jury on intent and malice. Because we conclude that the trial court gave an unconstitutional charge on intent and malice, and because we conclude that the charge was not harmless under the circumstances of this case, we reverse Pace’s conviction for murder.

1. The evidence would have authorized a rational trier of fact to conclude that Harris sold Pace…