Hutto v. State

739 S.E.2d 722, 320 Ga. App. 235, 2013 Fulton County D. Rep. 712, 2013 Ga. App. LEXIS 161
CourtCourt of Appeals of Georgia
DecidedMarch 11, 2013
DocketA12A1995
StatusPublished
Cited by9 cases

This text of 739 S.E.2d 722 (Hutto v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hutto v. State, 739 S.E.2d 722, 320 Ga. App. 235, 2013 Fulton County D. Rep. 712, 2013 Ga. App. LEXIS 161 (Ga. Ct. App. 2013).

Opinion

Ray, Judge.

Timothy Hutto was indicted on one count each of murder,1 aggravated assault,2 and felony murder.3 Following a jury trial,

[236]*236Hutto was convicted of the lesser offense of voluntary manslaughter.4 Hutto appeals the denial of his motion for new trial, contending that the trial court erred (1) by charging the jury on mutual combat absent a request and (2) in excluding evidence of the deceased’s level of intoxication. Hutto also contends that he had ineffective assistance of counsel and that the evidence was insufficient to prove his guilt beyond a reasonable doubt. For the reasons that follow, we affirm.

1. Hutto contends that the evidence was insufficient to support his conviction for voluntary manslaughter. Hutto argues that the evidence shows that he acted in self-defense and that there was no evidence of provocation or passion. We disagree.

When a criminal defendant challenges the sufficiency of the evidence supporting his or her conviction, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. It is the function of the jury, not this Court, to resolve conflicts in the testimony, weigh the evidence, and draw reasonable inferences from the evidence. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.5

Viewed in the light most favorable to the jury’s verdict,6 the evidence shows that Hutto and James “Doodle” Smith had a long history of violence between them stemming from their involvement with Stacy Mashburn, a woman they both had dated. This history includes various fights between Hutto and Smith; Hutto slashing Smith’s tires; and Hutto attempting to hit Smith with a car.

On November 13, 1999, Hutto and Smith got into an altercation in a bar, and Hutto was kicked out. The following night, Hutto, Mashburn, Mike Edenfield and three others went to the home of Pamela Crocker to look for Edenfield’s wife. Smith and several friends were at Crocker’s house playing cards at the time. When they arrived, Edenfield and Mashburn entered the house while Hutto stood outside. Edenfield was arguing with his wife as Mashburn stood at the front door. From outside, Hutto began yelling “[c]ome get you some ..., come get you some” at Smith. After being advised not to go [237]*237outside, Smith stated “[i]f he wants to play, I’ll play,” and he removed his sweatshirt and went out the front door. As Hutto was coming up the steps of the house, he was met by Smith, and the two “went to the ground and started fighting.” Smith was on top of Hutto, beating him and not letting him get up, when Hutto pulled out a pocketknife and began stabbing Smith, resulting in Smith’s death.

A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.7

We have held that “heated arguments, physical beatings, and fear of some danger” present sufficient provocation for a voluntary manslaughter conviction.8 Here, Hutto and Smith’s history of conflict leading up to the incident, together with Smith’s final conduct in engaging Hutto in a fight and continuing to beat Hutto and not letting him move or get up supplied sufficient provocation to excite the passion necessary for voluntary manslaughter.9

Based on the evidence presented, the jury was authorized to reject Hutto’s theory of self-defense and conclude that Hutto “was so influenced and excited that he reacted passionately rather than simply to defend himself” when he stabbed an unarmed Smith.10

2. In related enumerations of error, Hutto contends that the trial court erred in charging the jury on mutual combat and that his trial counsel was ineffective for failing to object to the charge.

[238]*238(a) Citing Nelms v. State,11 Hutto argues that the trial court erred in charging the jury on mutual combat because such a charge is warranted only when there is evidence that both combatants are armed with deadly weapons. However, the Supreme Court of Georgia has recognized a conflict in the case law as to whether there must be evidence that the combatants are armed with deadly weapons in order to authorize a charge on mutual combat. In White v. State, the Court notes that some cases hold that “there must be evidence that mutual combatants have deadly weapons in order for the jury to be charged on the law of mutual combat,” while others hold that “mutual combat generally involves deadly weapons” and that “[a] mutual combat charge is proper when there is evidence of a mutual intention or agreement to fight.”12 As in White, we need not resolve that conflict in this case because the instruction given to the jury made no mention about the use of deadly weapons and informed the jury that mutual combat is “a combat between two persons as the result of a sudden quarrel, or such circumstances as indicate a purpose, willingness, and intent on the part of both to engage mutually in a fight.”13

Furthermore, the evidence shows that Hutto had a knife and that Smith was unarmed during the fight. Because “a charge on mutual combat enables a jury to find a criminal defendant guilty of voluntary manslaughter in lieu of murder . . . the mutual combat charge could only have benefitted [Hutto].”14 Accordingly, Hutto’s complaint that it was improper to give the charge is without merit.15 Although Hutto argues that the charge on mutual combat was not warranted because he was not the aggressor and that he acted only in self-defense when he stabbed Smith, witnesses testified that when Hutto invited Smith to come outside and fight, Smith accepted, and the two came toward each other to mutually engage in the fight. “To authorize a jury instruction on a subject, there need only be produced at trial slight evidence supporting the theory of the charge.”16 Here, we find that there was sufficient evidence of a willingness or intention on the part of Hutto and Smith to mutually engage in the fight, such [239]*239that the charge on mutual combat was warranted. Since the charge given was adjusted to the evidence, we discern no error.17

(b) Hutto contends that his trial counsel was ineffective for failing to object to the mutual combat charge. We disagree.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Darnell Craw v. State
Court of Appeals of Georgia, 2023
State v. Calvin Hill
Court of Appeals of Georgia, 2021
Robert Stanley Terry v. State
Court of Appeals of Georgia, 2021
JOHNSON v. the STATE.
829 S.E.2d 652 (Court of Appeals of Georgia, 2019)
Anderson v. the State
778 S.E.2d 826 (Court of Appeals of Georgia, 2015)
Nekia Shorlet Robinson v. State
Court of Appeals of Georgia, 2014
Robinson v. State
755 S.E.2d 865 (Court of Appeals of Georgia, 2014)
Landrea Pruitt v. State
Court of Appeals of Georgia, 2013
Pruitt v. State
747 S.E.2d 694 (Court of Appeals of Georgia, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
739 S.E.2d 722, 320 Ga. App. 235, 2013 Fulton County D. Rep. 712, 2013 Ga. App. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutto-v-state-gactapp-2013.