Mayo v. State

Fletcher, Chief Justice.

Terrance Lamar Mayo appeals his convictions for malice murder, two counts of aggravated assault, and possession of a firearm during the commission of a crime, contending only that the evidence presented at trial was insufficient to support his convictions.1 The evidence was sufficient; however, because the prosecution for murder proceeded under an accusation rather than under an indictment in violation of OCGA § 17-7-70, we reverse Mayo’s conviction for malice murder.

The evidence at trial showed that on December 1, 2001, a friend of Mayo’s, Damien Davenport,…