Jones v. State

Supreme Court of Georgia

Jones v. State

225 S.E.2d 902, 236 Ga. 901, 1976 Ga. LEXIS 1063

CourtSupreme Court of Georgia

DecidedMay 18, 1976

Docket31084

StatusPublished

Cited by4 cases

This text of 225 S.E.2d 902 (Jones v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. State, 225 S.E.2d 902, 236 Ga. 901, 1976 Ga. LEXIS 1063 (Ga. 1976).

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Opinion

Jordan, Justice.

Appellant appeals from a conviction of murder and a life sentence.

Appellant’s sole enumeration of error is on the general grounds. The testimony at trial produced the following evidence: On the day of her death, July 5, 1975, the victim rode with three friends to an apartment *902 complex so that she could retrieve certain stereo components. Upon their arrival, the victim began carrying components from an apartment to the automobile. On the porch, the victim was confronted by the appellant carrying a pistol. An argument ensued resulting in the firing of three shots by appellant who immediately fled the scene. The victim was struck in the chest and died soon thereafter.

Submitted May 5, 1976 Decided May 18, 1976.

Neither of the persons accompanying the victim saw the victim with a weapon, nor did they see the actual shooting. The third did see the entire incident and testified that she did not see the victim with a weapon, nor act as though she was reaching for one.

Three witnesses for the defense testified that the victim threatened appellant and just before the shooting reached into her bosom as to reach for a weapon. Two of the defense witnesses admitted to never seeing the victim with a weapon. Appellant, his girl friend and her mother testified that the day prior to the incident, the victim had threatened appellant’s life. Appellant further testified that as he walked out onto the porch the victim again threatened to kill him and that he fired for fear of his life when the victim reached into her bosom as to reach for a pistol. Appellant admitted on cross examination that he did not see the victim in possession of a weapon.

Appellant argues that the evidence was insufficient to establish malice and that the defense established self-defense.

In passing on the general grounds, we do not pass on the weight of the evidence, but rather on its sufficiency to sustain the verdict. We must review the evidence in the light most favorable to the verdict, and if evidence exists which supports the verdict and there is no error of law the verdict will not be disturbed. Proctor v. State, 235 Ga. 720 (221 SE2d 556) (1975); Sheppard v. State, 235 Ga. 89 (218 SE2d 830) (1975). The record discloses evidence sufficient to support the jury’s finding of malice and we affirm the conviction.

Judgment affirmed.

All the Justices concur. *903 Robert C. Ray, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Assistant District Attorney, Arthur K. Bolton, Attorney General, Harrison Kohler, Assistant Attorney General, for appellee.

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Jordan, Justice.

Appellant appeals from a conviction of murder and a life sentence.

Appellant’s sole enumeration of error is on the general grounds. The testimony at trial produced the following evidence: On the day of her death, July 5, 1975, the victim rode with three friends to an apartment *902 complex so that she could retrieve certain stereo components. Upon their arrival, the victim began carrying components from an apartment to the automobile. On the porch, the victim was confronted by the appellant carrying a pistol. An argument ensued resulting in the firing of three shots by appellant who immediately fled the scene. The victim was struck in the chest and died soon thereafter.

Submitted May 5, 1976 Decided May 18, 1976.

Neither of the persons accompanying the victim saw the victim with a weapon, nor did they see the actual shooting. The third did see the entire incident and testified that she did not see the victim with a weapon, nor act as though she was reaching for one.

Three witnesses for the defense testified that the victim threatened appellant and just before the shooting reached into her bosom as to reach for a weapon. Two of the defense witnesses admitted to never seeing the victim with a weapon. Appellant, his girl friend and her mother testified that the day prior to the incident, the victim had threatened appellant’s life. Appellant further testified that as he walked out onto the porch the victim again threatened to kill him and that he fired for fear of his life when the victim reached into her bosom as to reach for a pistol. Appellant admitted on cross examination that he did not see the victim in possession of a weapon.

Appellant argues that the evidence was insufficient to establish malice and that the defense established self-defense.

In passing on the general grounds, we do not pass on the weight of the evidence, but rather on its sufficiency to sustain the verdict. We must review the evidence in the light most favorable to the verdict, and if evidence exists which supports the verdict and there is no error of law the verdict will not be disturbed. Proctor v. State, 235 Ga. 720 (221 SE2d 556) (1975); Sheppard v. State, 235 Ga. 89 (218 SE2d 830) (1975). The record discloses evidence sufficient to support the jury’s finding of malice and we affirm the conviction.

Judgment affirmed.

All the Justices concur. *903 Robert C. Ray, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Assistant District Attorney, Arthur K. Bolton, Attorney General, Harrison Kohler, Assistant Attorney General, for appellee.

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225 S.E.2d 902, 236 Ga. 901, 1976 Ga. LEXIS 1063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-ga-1976.

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