Edwards v. State

406 S.E.2d 79, 261 Ga. 509, 1991 Ga. LEXIS 362

Opinions

Weltner, Justice.

Robert Lee Edwards paid James Hannah, Jr., to shoot and kill Tyrone Duffey with a shotgun. Edwards was convicted by a jury of malice murder and was sentenced to life imprisonment.¹

1. Edwards’ contentions on appeal pertain to the state’s evidence of "similar transactions."²

2. (a) In Mincey v. State, 257 Ga. 500, 505 (7) (360 SE2d 578) (1987), we stated:

“[I]n certain circumstances, evidence of independent crimes is admissible. Two conditions must be satisfied. ‘First, there must be evidence that the defendant was in fact the perpetrator of the independent crime. Second, there must be sufficient similarity or connection between the independent crime and the offense charged, that proof of the former tends to prove the latter.’ [Cits.]”

(b) The trial court instructed the jury, at the time the evidence was offered, to limit consideration of the prior assault to whatever it might illustrate as to Edwards’ state of mind. The instructions were adequate and correct. See Chastain v. State, 260 Ga. 789, 790 (3) (400 SE2d 329) (1991).

There was no error.

Judgment affirmed.

All the Justices concur, except Smith, P. J., and Benham, J., who dissent.

Footnotes

1

The crime was committed on February 27, 1990. The indictment was returned on April 17, 1990, and the verdict was published on July 19, 1990. Edwards’ motion for new trial was filed on August 3, 1990, and denied on December 6, 1990. A notice of appeal was filed on December 19, 1990. The appeal was docketed in the Court of Appeals on February 8, 1991, and transferred to this court on February 12, 1991, where it was docketed on February 14, 1991. The appeal was submitted without oral argument on March 29, 1991. For a statement of the factual circumstances, see Hannah v. State, 261 Ga. 336 (404 SE2d 440) (1991).

2

The two events had the following similarities: both crimes illustrated Edwards’ propensity to use firearms to avenge himself against someone who he thought had wronged him, and to furnish offensive weapons to others. Edwards was prosecuted for the prior crime (aggravated assault) less than two years before the homicide of Duffey.