to the acts of co-defendant” when co-defendant carried a handgun on his person). But see Driscoll v. State, 295 Ga. App. 5, 8 (1) (b) (670 SE2d 824) (2008) (“[B]ecause Whaley was also within arm’s reach of two handguns during the commission of the felony drug offenses, Driscoll is guilty of Whaley’s handgun possession offenses as a party to the crime.” (citing OCGA § 16-2-20)); Victrum v. State, 203 Ga. App. 377, 379-80 (3) (416 SE2d 740) (1992) (“Defendant’s co-defendant was within arm’s length of two pistols during the commission of the crime; therefore, defendant is guilty of the offense as a party to the crime.” (citing OCGA § 16-2-20)). Our own Supreme Court has even been less than precise on this particular point. See Hill v. State, 276 Ga. 220, 221 (3) (576 SE2d 886) (2003) (<HOLDING>). 39 193 Ga. App. 621 (388 SE2d 738) (1989). 40
holding the defendant was not without fault in bringing on the difficulty because the defendant carried the cocked weapon in open view into an already violent attack in which he had no prior involvement and his actions including the unlawful possession of the weapon proximately caused the exchange of gunfire and ultimately the death of the victim holding the state must prove that at the time of the homicide the defendant was engaged in the commission of the felony holding that when two people assist one another in the commission of a crime each is an accomplice and criminally liable for the conduct of both holding that possession of a weapon is not in an of itself a crime holding that ejvidence that the defendant or an accomplice either carried or was within arms length of a weapon during the commission of a crime authorizes a finding of guilt of violating ocga  1611106 b but in doing so citing to tesfaye v state 275 ga 439 440 1 569 se2d 849 2002 and victrum 203 ga app at 379 3 both of which explicitly relied upon ocga  16220 in upholding the convictions of accomplices emphasis supplied