State v. Green

Melton, Justice.

Jeffrey Waldon died on January 19, 2008, when his femoral artery was punctured by a knife held by Deiran Green during a physical struggle between the two men. The State indicted Green for malice murder, felony murder (with aggravated assault as the underlying offense), aggravated assault, and possession of a knife during the commission of a felony. On November 16, 2009, Green filed a motion to dismiss the indictment, arguing that he was immune from criminal prosecution pursuant to OCGA § 16-3-24.2.* 2 The trial court granted Green’s motion on November 19, 2009, finding that:…