Banks v. State

Phipps, Judge.

Jarvis Banks was charged with having assaulted Allen Keith Mitchell by shooting him with a handgun, with having murdered Vincent Spivey while in the commission of the felony of aggravated assault upon Mitchell, and with having possessed a firearm during the commission of Spivey’s felony murder. The jury found Banks guilty of the aggravated assault upon Mitchell and not guilty of the felony murder of Spivey but guilty of possession of a firearm during the commission of the felony murder. Because of the jury’s acquittal of Banks on the felony murder charge, the court convicted and…