Head v. State

Supreme Court of Georgia

Head v. State

397 S.E.2d 115, 260 Ga. 469

Procedural entryThis page is a short order in Head v. State. Read the opinion of the Court — 262 Ga. 795 →

Supreme Court of Georgia·Decided October 18, 1990·No. S90A1321·Published

Opinion

Weltner, Justice.

Earl Head shot and killed Charlie L. Banks with a handgun. He was convicted of murder and sentenced to life imprisonment.¹

1. Banks, a security guard at a lounge, told Head and a group of others gathered outside the lounge that they must enter the place of business or leave the premises. Head then told Banks that he would shoot Banks if the latter “messed with him like that.” In a later altercation with another patron, inside the lounge, Head said: “You don’t know who you’re messing with. I’ll kill you.” When bystanders tried to prevent Head from chasing the other patron, Head’s handgun discharged, and the projectile killed Banks. Head testified that his intent [470]*470was to frighten the other patron; that someone seized him, causing the weapon to fall to the floor and discharge upon impact. There was no ricochet, and the projectile entered the victim’s body at a trajectory described as “very, very, very slightly upward.” The results of chemical tests performed on Head’s hands disclosed no powder residue.

Decided October 18, 1990. Roy R. Kelly III, for appellant. Joseph H. Briley, District Attorney, James Cline, Jr., Assistant District Attorney, Michael J. Bowers, Attorney General, Robert D. McCullers, for appellee.

2. (a) Head’s sole enumeration of error relates to the sufficiency of the evidence.

(b) From the evidence in this case, a rational trier of fact could have found Head guilty beyond a reasonable doubt of the offense of murder. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

All the Justices concur.

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Weltner, Justice.

Earl Head shot and killed Charlie L. Banks with a handgun. He was convicted of murder and sentenced to life imprisonment.¹

1. Banks, a security guard at a lounge, told Head and a group of others gathered outside the lounge that they must enter the place of business or leave the premises. Head then told Banks that he would shoot Banks if the latter “messed with him like that.” In a later altercation with another patron, inside the lounge, Head said: “You don’t know who you’re messing with. I’ll kill you.” When bystanders tried to prevent Head from chasing the other patron, Head’s handgun discharged, and the projectile killed Banks. Head testified that his intent [470]*470was to frighten the other patron; that someone seized him, causing the weapon to fall to the floor and discharge upon impact. There was no ricochet, and the projectile entered the victim’s body at a trajectory described as “very, very, very slightly upward.” The results of chemical tests performed on Head’s hands disclosed no powder residue.

Decided October 18, 1990. Roy R. Kelly III, for appellant. Joseph H. Briley, District Attorney, James Cline, Jr., Assistant District Attorney, Michael J. Bowers, Attorney General, Robert D. McCullers, for appellee.

2. (a) Head’s sole enumeration of error relates to the sufficiency of the evidence.

(b) From the evidence in this case, a rational trier of fact could have found Head guilty beyond a reasonable doubt of the offense of murder. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

All the Justices concur.

Head v. State, 397 S.E.2d 115, 260 Ga. 469 (Ga. 1990).

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Opinion

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