McMillan v. State

Supreme Court of Georgia

McMillan v. State

577 S.E.2d 591, 276 Ga. 257, 2003 Ga. LEXIS 163

CourtSupreme Court of Georgia

DecidedFebruary 24, 2003

DocketS02A1751

StatusPublished

This text of 577 S.E.2d 591 (McMillan 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

McMillan v. State, 577 S.E.2d 591, 276 Ga. 257, 2003 Ga. LEXIS 163 (Ga. 2003).

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Opinion

Fletcher, Chief Justice.

A jury convicted Jackie McMillan of felony murder in the beating death of Morris Paulk.¹ McMillan appeals, contending the trial court erred in not charging the jury on mutual combat and voluntary manslaughter. Because McMillan specifically requested that the trial court not give the charges, we affirm.

1. The evidence at trial showed that McMillan, his co-defendant Reggie Johnson, the victim, and several others were at a pool hall gambling with dice. McMillan and the victim got into an argument because McMillan was losing money. McMillan left, but then returned and hit the victim in the head from behind with a pool cue and continued hitting him in the face. The victim went to a nearby house, where emergency workers were called. He was taken by ambulance to the hospital, where he died six days later as a result of the effects of blunt force trauma to the head.

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 McMillan guilty of the crime charged.²

2. McMillan contends that the trial court erred in not instructing the jury on mutual combat and voluntary manslaughter. However, McMillan’s trial counsel informed the trial court during the charge conference that he had been instructed by McMillan not to request a charge on mutual combat. Outside the presence of the jury, McMillan then testified that trial counsel had informed him about the lesser [258]*258included offense of voluntary manslaughter, but that he (McMillan) did not want the jury to be given that instruction. Because McMillan informed the trial court that he did not want the charges, he waived his ability to raise on appeal the failure to give them.³

Decided February 24, 2003. Harkleroad & Harkleroad, Keith B. Harkleroad, for appellant. Richard E. Currie, District Attorney, Douglas P. Smith, Assistant District Attorney, Thurbert E. Baker, Attorney General, Ruth M. Pawlak, Assistant Attorney General, for appellee.

Judgment affirmed.

All the Justices concur.

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Fletcher, Chief Justice.

A jury convicted Jackie McMillan of felony murder in the beating death of Morris Paulk.¹ McMillan appeals, contending the trial court erred in not charging the jury on mutual combat and voluntary manslaughter. Because McMillan specifically requested that the trial court not give the charges, we affirm.

1. The evidence at trial showed that McMillan, his co-defendant Reggie Johnson, the victim, and several others were at a pool hall gambling with dice. McMillan and the victim got into an argument because McMillan was losing money. McMillan left, but then returned and hit the victim in the head from behind with a pool cue and continued hitting him in the face. The victim went to a nearby house, where emergency workers were called. He was taken by ambulance to the hospital, where he died six days later as a result of the effects of blunt force trauma to the head.

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 McMillan guilty of the crime charged.²

2. McMillan contends that the trial court erred in not instructing the jury on mutual combat and voluntary manslaughter. However, McMillan’s trial counsel informed the trial court during the charge conference that he had been instructed by McMillan not to request a charge on mutual combat. Outside the presence of the jury, McMillan then testified that trial counsel had informed him about the lesser [258]*258included offense of voluntary manslaughter, but that he (McMillan) did not want the jury to be given that instruction. Because McMillan informed the trial court that he did not want the charges, he waived his ability to raise on appeal the failure to give them.³

Decided February 24, 2003. Harkleroad & Harkleroad, Keith B. Harkleroad, for appellant. Richard E. Currie, District Attorney, Douglas P. Smith, Assistant District Attorney, Thurbert E. Baker, Attorney General, Ruth M. Pawlak, Assistant Attorney General, for appellee.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

577 S.E.2d 591, 276 Ga. 257, 2003 Ga. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillan-v-state-ga-2003.

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