Cornell v. State

Decision Date20 November 1995
Docket NumberNo. S95A1328,S95A1328
Citation463 S.E.2d 702,265 Ga. 904
PartiesCORNELL v. The STATE.
CourtGeorgia Supreme Court

Michael C. Garrett, Allison L. Byrd, Augusta, for Frederick William Cornell.

Daniel J. Craig, Dist. Atty., Augusta, Michael J. Bowers, Atty. Gen., Susan V. Boleyn, Senior Asst. Atty. Gen., Department of Law, Atlanta, for the State.

Marla-Deen Brooks, Asst. Atty. Gen., Atlanta.

Charles R. Sheppard, Asst. Dist. Atty., Augusta.

HUNSTEIN, Justice.

Frederick Cornell was found guilty of felony murder during the commission of an aggravated assault, armed robbery, and possession of a firearm during the commission of a crime. Cornell was sentenced to life imprisonment. He appeals from the denial of his motion for new trial. 1

1. The evidence at trial established that appellant came to work at his employment as a night auditor at a motel in Augusta with a .22 caliber revolver. The gun discharged and his co-worker, Karin Williams, was shot between the eyes and killed. Appellant took money from the cash register and placed both the gun and the money into a garbage bag which he dumped behind the motel. He then telephoned the police and reported a robbery and murder at the motel. After being questioned three times and denying any involvement in the incident, appellant called the police and informed them he had accidentally shot Karin when he was showing her the gun. He asserted that he panicked and staged the armed robbery.

The evidence presented at trial was sufficient to authorize a rational trier of fact to find appellant guilty of the crimes charged beyond a reasonable doubt under the standard set forth in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

2. In his remaining enumeration, appellant asserts the trial court erred in refusing to admit demonstrative evidence in the form of a computer reenactment. Whether the computer simulation " 'is a fair and accurate representation of the scene sought to be depicted addresses itself to the discretion of the trial judge which will not be controlled unless abused....' [Cit.]" Jones v. State, 250 Ga. 498, 499(3), 299 S.E.2d 549 (1983). Because the trial court correctly determined that an adequate foundation for admission of the simulation had not been established, there exists no ground for reversal.

Judgment affirmed.

All the Justices concur.

1 The homicide occurred on February 6, 1992. Cornell was indicted on May 26, 1992 in Richmond County. He was found guilty on ...

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6 cases
  • Chance v. State
    • United States
    • Georgia Supreme Court
    • June 18, 2012
    ...for admission of the [photographic reenactments] had not been established, there exists no ground for reversal.” Cornell v. State, 265 Ga. 904, 905(2), 463 S.E.2d 702 (1995). 5. Appellant urges that the trial court erred in admitting the opinion testimony of Agent Catherine Sapp regarding t......
  • Beasley v. State
    • United States
    • Georgia Supreme Court
    • July 13, 1998
    ...23. Id. at 429, 203 S.E.2d 619. 24. 269 Ga. 453, 500 S.E.2d 566 (1998). 25. Id. at 455-456, 500 S.E.2d 566. 26. See Cornell v. State, 265 Ga. 904, 905, 463 S.E.2d 702 (1995) (excluding defendant's computer reenactment of crime for inadequate foundation); Keith v. State, 186 Ga.App. 273, 274......
  • Pickren v. State, S98A0328.
    • United States
    • Georgia Supreme Court
    • May 18, 1998
    ...seeking to use it must show that it is a fair and accurate representation of the events sought to be depicted. See Cornell v. State, 265 Ga. 904, 905(2), 463 S.E.2d 702 (1995). [Where] videotapes ... do not portray original facts in controversy, but rather represent one party's staged repro......
  • Wilson v. State
    • United States
    • Georgia Court of Appeals
    • November 30, 1999
    ...of the evidence, and such determination will not be disturbed on appeal absent an abuse of discretion. Cornell v. State, 265 Ga. 904, 905(2), 463 S.E.2d 702 (1995); Miller v. State, supra at 698(2), 124 S.E. In this case, when ruling on Wilson's request to display his torso to the jury, the......
  • Request a trial to view additional results
1 books & journal articles
  • Reel to real: should you believe what you see?
    • United States
    • Defense Counsel Journal Vol. 66 No. 4, October 1999
    • October 1, 1999
    ...(W.D.N.Y. 1993) (computer animation admissible to illustrate expert's theory of origin of aircraft engine fire). Cf. Cornell v. State, 463 S.E.2d 702 (Ga. 1995) (computer simulation not admissible because foundation not (17.) Siegel & Pass, supra note 1, at 612-13. (18.) GREGORY P. JOSE......

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