Lyons v. State

Supreme Court of Georgia

Lyons v. State

456 S.E.2d 585, 265 Ga. 407

CourtSupreme Court of Georgia

DecidedMay 15, 1995

DocketS95A0506

StatusPublished

Cited by1 cases

This text of 456 S.E.2d 585 (Lyons 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.

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Lyons v. State, 456 S.E.2d 585, 265 Ga. 407 (Ga. 1995).

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Opinion

Fletcher, Justice.

James Stacey Lyons was convicted of murder and possession of a [408]*408firearm in the shooting death of Dwayne Palmer.¹ He was sentenced to life imprisonment for murder and five years for possession, to be served consecutively. He appeals and we affirm.

Decided May 15, 1995. Richard O. Ward, for appellant. Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.

Lyons and three other men were looking for Palmer and drove to a convenience store where he was shopping. Lyons, who was armed, and another man remained in the car as guards while the other two exited the car, fired into the store, and shot Palmer when he left the store.²

1. After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found Lyons guilty of the crimes charged. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Lyons contends that the trial court erred in admitting evidence that Palmer had punched Lyons a few hours before the murder and that the court failed to give limiting instructions regarding a prior fight between Lyons’ codefendant and Palmer. Lyons, however, failed to object to this evidence or the court’s instructions, and therefore, we will not consider these issues on appeal. O’Donnell v. State, 258 Ga. 782, 785 (374 SE2d 729) (1989).

Judgment affirmed.

All the Justices concur.

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Fletcher, Justice.

James Stacey Lyons was convicted of murder and possession of a [408]*408firearm in the shooting death of Dwayne Palmer.¹ He was sentenced to life imprisonment for murder and five years for possession, to be served consecutively. He appeals and we affirm.

Decided May 15, 1995. Richard O. Ward, for appellant. Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.

Lyons and three other men were looking for Palmer and drove to a convenience store where he was shopping. Lyons, who was armed, and another man remained in the car as guards while the other two exited the car, fired into the store, and shot Palmer when he left the store.²

1. After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found Lyons guilty of the crimes charged. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Lyons contends that the trial court erred in admitting evidence that Palmer had punched Lyons a few hours before the murder and that the court failed to give limiting instructions regarding a prior fight between Lyons’ codefendant and Palmer. Lyons, however, failed to object to this evidence or the court’s instructions, and therefore, we will not consider these issues on appeal. O’Donnell v. State, 258 Ga. 782, 785 (374 SE2d 729) (1989).

Judgment affirmed.

All the Justices concur.

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456 S.E.2d 585, 265 Ga. 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyons-v-state-ga-1995.

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