Moore v. State
This text of 529 S.E.2d 372 (Moore 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.
Opinion
Appellant Clifford Moore appeals from his conviction for the felony murder of Willie Merritt.1 On appeal, he contends that the evidence is insufficient to support the verdict, and that the trial court erred in failing to give his requested instruction on identification. For the reasons that follow, we find no merit to these contentions. Accordingly, we affirm Moore’s conviction.
1. The evidence would have authorized a rational trier of fact to conclude that Moore robbed and stabbed the victim on a wooded path near his house after seeing the victim leave a nightclub about 12:30 a.m. Contrary to Moore’s contentions, the evidence is sufficient to support the conviction for felony murder.2
2. In his second enumeration of error, Moore contends that the trial court erred in failing to give his requested charge on eyewitness identification. We conclude, however, that, because there was no evidence and no contention at trial that Moore was misidentified by any witness, the charge in question was not adjusted to the evidence, and the trial court did not err in failing to give the requested charge.3
Judgment affirmed.
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Cite This Page — Counsel Stack
529 S.E.2d 372, 272 Ga. 365, 2000 Fulton County D. Rep. 1636, 2000 Ga. LEXIS 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-state-ga-2000.