Dunagan v. State

Hunstein, Justice.

Jonathan Dunagan was indicted on charges of malice murder, felony murder, and possession of a firearm during the commission of a felony arising out of the shooting death of Jason Freund.' A jury found Dunagan guilty of felony murder and the possession charge. He appeals from the denial of his motion for new trial, contending error in the trial court’s instructions to the jury.1 We agree and reverse.

1. The evidence adduced at trial authorized the jury to find that Dunagan was a member of a group of teenage boys who spent time together and frequently played with handguns. It…