Curtis v. State, 33397
| Decision Date | 03 April 1978 |
| Docket Number | No. 33397,33397 |
| Citation | 241 Ga. 125,243 S.E.2d 859 |
| Parties | Lonnie CURTIS v. The STATE. |
| Court | Georgia Supreme Court |
Charles M. Williams, Calhoun, for appellant.
Charles Crawford, Dist. Atty., Cartersville, Arthur K. Bolton, Atty. Gen., James L. Mackay, Asst. Atty. Gen., Atlanta, for appellee.
In September, 1977, Curtis was convicted and sentenced to life imprisonment for the murder of Omar Hasan Ali (formerly named John Lewis Wiley).
The evidence tended to show that Curtis asked Wiley for payment owed for a shotgun, and got no payment but instead was threatened with "a quick killing." At the time, the parties were outside the house in which Wiley resided, and Wiley, who was known by Curtis to jog almost every day, was dressed only in tennis shoes, loose legged running shorts, and a headband. Curtis returned to his nearby home, picked up his half-brother's shotgun and ammunition, and proceeded by an indirect way to the neighborhood of Wiley's house. Curtis' testimony was that he saw Wiley running or jogging toward him (and also back toward Wiley's house), and that Wiley again promised him a quick killing, and seemed to reach his hand into the waistband of his shorts and jumped into some very tall weeds and was on his knees. Curtis ran toward him, loading the shotgun as he ran, and shot into the bushes. Wiley died quickly, with a 2-inch hole in his chest. He was dressed as he had been earlier. He was bare to the waist. His shorts were known by Curtis to be loose legged and to have no pockets. There was no other place a gun could have been concealed on him. No gun or other weapon was found on or around the body. The medical evidence estimated the shot had been fired from a distance of only two to four feet from the body, and the trajectory was a 45o angle downward through the chest.
Curtis' sole defense was justifiable homicide. He attempted without success to introduce evidence that Wiley had a reputation in the community for shooting people. His testimony was that he obtained the shotgun for his defense because he feared Wiley; he was actually running away when he ran toward Wiley's house; when Wiley came running or jogging up and put his hand in his shorts, Curtis feared Wiley had a gun and was jumping into the bushes to shoot him; and so Curtis advanced and fired rather than running away because he feared he would be shot in the back.
The jury apparently believed the state's construction of events which indicated a revenge killing, and convicted Curtis of murder. He raises two enumerations of error on appeal.
1. Curtis first contends that the court erred in refusing to allow him to introduce evidence that the victim was a person of violent and turbulent character with a reputation for...
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...assailant; that deceased assailed defendant; and that defendant was honestly seeking to defend himself. [Cits.]" Curtis v. State, 241 Ga. 125, 126(1), 243 S.E.2d 859 (1978). See also Maynor v. State, 241 Ga. 315, 245 S.E.2d 268 (1978); Music v. State, 244 Ga. 832, 262 S.E.2d 128 (1979). Des......
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Cook v. State
...SE2d 476) (1978). Whether these criteria have been met is a matter within the sound discretion of the trial court. Curtis v. State, 241 Ga. 125, 126(1) (243 SE2d 859) (1978)." (Emphasis supplied.) Hagans v. State, 187 Ga.App. 216, 217(1), 369 S.E.2d In the case sub judice, defendant's testi......
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Milton v. State, 35477
...the assailant; that the deceased assailed defendant; and that defendant was honestly seeking to defend himself." Curtis v. State, 241 Ga. 125, 126(1), 243 S.E.2d 859, 860 (1978). To the same effect: Campbell v. State, 222 Ga. 570, 573, 151 S.E.2d 132 (1966); Black v. State, 230 Ga. 614, 615......
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McDonald v. State, 73204
...was the assailant; that deceased assailed defendant; and that defendant was honestly seeking to defend himself." Curtis v. State, 241 Ga. 125, 126, 243 S.E.2d 859 (1978). In making its ruling, the trial court was primarily concerned with whether the tape itself established the three essenti......