State v. Kelly

718 S.E.2d 232 (2011)

290 Ga. 29

The STATE

v.

KELLY.

No. S11A0734.

Supreme Court of Georgia.

November 7, 2011.

Paul L. Howard, Jr., Dist. Atty., Marc A. Mallon, Paige R. Whitaker, Asst. Dist. Attys., for appellant.

Cromwell & Hibbert, Henry A. Hibbert, for appellee.

HUNSTEIN, Chief Justice.

We granted the State's interlocutory appeal, in which it challenges the grant of a new trial to appellee Lonnie Kelly as the result of the finding of a fatal omission in the jury charge, to address (1) the circumstances under which an appellate court may review alleged jury instruction errors to which no objection…