Ranger v. State

290 S.E.2d 63, 249 Ga. 315, 1982 Ga. LEXIS 1126
CourtSupreme Court of Georgia
DecidedApril 6, 1982
Docket38165
StatusPublished
Cited by98 cases

This text of 290 S.E.2d 63 (Ranger 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
Ranger v. State, 290 S.E.2d 63, 249 Ga. 315, 1982 Ga. LEXIS 1126 (Ga. 1982).

Opinions

Hill, Presiding Justice.

Victor Ranger was indicted for the malice murder of his pregnant girl friend, Helena Carter, and the felony murder of her child who was prematurely born after she was shot. He appeals from his convictions and sentences to life in prison imposed on September 2, 1981, following a jury trial.

The defendant’s father testified that when he arrived home on December 8, 1980, at approximately 6 p.m., the defendant and Helena Carter were talking in the living room of the Ranger home. Helena Carter was 15 years old and six to seven months pregnant. Although she had previously lived with the Rangers, she was not living there at this time. Prior to this day, the defendant apparently believed the child to be his.

About an hour after he arrived home, while watching television in the bedroom with his daughter Elaine, the defendant’s father heard a shot. Upon running into the living room and seeing that Helena Carter had been shot in the head, Elaine asked the defendant if he shot her. He said no. The defendant, who was holding a gun, became hysterical and his father dragged him away and made him put the gun down. His father testified that when he entered the living room, his son said that he didn’t know she was shot and that he “done messed up now.” He also testified that his son had said that he “didn’t mean to do it.”

The defendant’s sister Elaine testified that the victim and the defendant had been talking in the living room some 2-3 hours before the shooting and that the defendant had gotten the gun earlier in the afternoon. She also testified that she had spoken to her brother on the phone earlier that day and he had found some letters connecting the victim with someone called Mitchell. She was emphatic in her testimony that her brother had not said anything about hurting [316]*316Helena, but in her statement given to the police on the evening of the shooting she quoted her brother as having said that he didn’t want to hurt Helena but if she lied to him he was going to hurt her.

Several people arrived at the house immediately after the shooting. Someone called the police, and the first officer arrived about 7:20 p.m. He called homicide and called for an ambulance. When it arrived, Helena Carter was taken to Grady Hospital. A homicide detective found one spent shell and five live shells in the gun.

When Helena Carter arrived at Grady she was treated by a neurosurgeon who testified that she was in a Grade 5 (terminal) coma. The neurosurgeon determined that Helena Carter was not likely to live more than a few hours. The cause of her subsequent death was a bullet through her brain, fired from a distance of 2 or 3 inches. Because an obstetrician detected a fetal heart beat, the baby was delivered by Caesarean section at about 8:30 p.m. Helena Carter died at 9 or 9:10 p.m. When the baby was born, he had spontaneous respiration, a heart rate, and was moving his extremities. However he was in respiratory distress (breathing with great difficulty), had poor color and tone and abnormal reflex irritability. The baby responded well when given oxygen, but the doctors soon determined that he suffered from hyaline membrane disease (immature lung development). The baby’s respiratory distress increased overnight and he died after 8 a.m. the next morning. In the doctor’s opinion, the baby was in his 25th to 27th week of gestation.

Firearms expert Kelly Fite testified that he examined the revolver which fired the fatal bullet and that it had to be cocked before the trigger, which required 31/2 pounds of force, would fire the weapon. On cross examination he testified that if the revolver did not have an empty chamber under the hammer and if it was dropped and fell on the hammer, it could discharge accidentally. The defense did not call any witnesses.

1. Code Ann. § 26-1101 (b) provides that “A person also commits the crime of murder when in the commission of a felony he causes the death of another human being, irrespective of malice.” The defendant points out that Georgia does not have a feticide statute and he contends that his conviction for the felony murder of the infant cannot stand because at the time of the criminal act by the defendant the child was unborn and therefore not a “human being” within the meaning of Code Ann. § 26-1101 (b). See Committee Notes to Tentative Draft of the Proposed Criminal Code of Georgia, Code Ch. 26-12, Abortion, p. 68 (1966).

The repeal of our feticide statute (Code § 26-1102, Ga. L. 1968, p. 1432; repealed Ga. L. 1973, pp. 635, 638) is not material here. The [317]*317feticide statute would have applied to the death of the fetus.1 Where the injured victim is born alive, the homicide statute applies. “Where a child born alive afterward dies by reason of bruises inflicted on it, before birth, by the beating of its mother, the offense is murder.” 1 Warren on Homicide § 71 at p. 308 (1914); see 1 Wharton’s Criminal Law, § 573 (1932); see also 40 AmJur2d Homicide § 9; Homicide-Unborn Child, 40 ALR3d 444.

“ ‘In order to convict for the murder of a newly born baby, it is incumbent upon the State to prove that the child was born alive and had an independent and separate existence from its mother, and that it was slain by the accused.’ Logue v. State, 198 Ga. 672 (32 SE2d 397) (1944).” Hall v. State, 243 Ga. 207, 209 (253 SE2d 160) (1979). Contrary to the defendant’s assertions, we find that these elements were satisfied in this case. The state introduced evidence that the child was born alive, had spontaneous respiration as well as a heart rate, and could move his extremities; that he survived some 12 hours after his delivery; and that his death was caused by hyaline membrane disease, caused by his premature delivery, which itself was caused by the shooting of his mother. This is sufficient to authorize a conviction for the felony murder of the infant. Hall v. State, supra; 1 Warren on Homicide § 71, supra; 1 Wharton’s Criminal Law, § 573, supra; 40 AmJur2d Homicide § 9, supra; Homicide-Unborn Child, 40 ALR 3d 444, supra.

2. The defendant complains that the trial court erred in allowing the prosecutor over objection to impeach two of the state’s witnesses, the defendant’s father and sister, by use of their prior inconsistent statements. Both had given signed statements to the police on the night of the crime. The defendant contends that these statements were used by the prosecutor to impeach his own witnesses and to infer by innuendo that they were lying. We find that the defendant’s father’s testimony did not contradict his statement.

The defendant’s sister’s testimony is, however, another matter. In her statement, given shortly before 9 p.m. on December 8, 1980, she said, in part: “On December 8,1980 a little after 7:00 p.m., me and my dad was sitting in my bedroom looking at TV, and we heard one gunshot. I got up and I went in there and Vic was holding her and I asked him what was wrong with her, Helena Carter. I had pulled him back sort of from her and I ran back to my room and called the ambulance, after I had saw the blood squirting from her head. My [318]*318brother was hollering ‘Lord, have mercy, I done messed up now. I shot her, but I didn’t mean to do it.’ Vic ran and got the towel and went and put it on her head. Vic had grabbed my father and I was taking her pulse to see if she was living, and he was saying ‘O Lord, I done killed her.’... Today my brother called me about 11:30 and told me that he had found some letters concerning Lynn [the victim] and Mitchell and the baby.

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Bluebook (online)
290 S.E.2d 63, 249 Ga. 315, 1982 Ga. LEXIS 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ranger-v-state-ga-1982.