Holliman v. State
| Decision Date | 24 June 1987 |
| Docket Number | No. 44482,44482 |
| Citation | 257 Ga. 209,356 S.E.2d 886 |
| Parties | HOLLIMAN v. The STATE. |
| Court | Georgia Supreme Court |
John Oliver Ellis, Jr., Decatur, for Jerry Holliman.
Robert E. Wilson, Dist. Atty., Linda Hunter, Asst. Dist. Atty., Decatur, Michael J. Bowers, Atty. Gen., Eddie Snelling, Jr., Asst. Atty. Gen., for the State.
Jerry Holliman was convicted of the felony murder of Amos Cody in the Superior Court of DeKalb County. 1 We affirm.
At 8:00 P.M. on Sunday, October 5, 1986, Holliman's ex-wife, Della Frazier, and Amos Cody returned to her home following a weekend trip to Hilton Head, South Carolina. As they pulled to a stop in front of Ms. Frazier's condominium, Holliman drove up and parked on the passenger side of Mr. Cody's automobile. Ms. Frazier asked him to leave. Holliman left but called Ms. Frazier a few minutes later to ask about money she allegedly owed him and about the trip. Ms. Frazier told him that she did not know what money he was talking about and that the trip was none of his business. Shortly thereafter, Holliman walked into Ms. Frazier's condominium swinging an automobile jack. She testified that Holliman stated he was going to kill them. Ms. Frazier then ran to a neighbor's home and called the police. When the police arrived, they found Amos Cody lying on the sidewalk in front of the condominium. He had been stabbed several times. A trail of blood led from the condominium to Mr. Cody. He subsequently died from a stab wound to the back.
At trial, the court, after the close of the evidence, instructed the jury, inter alia, on malice murder, felony murder, voluntary manslaughter, aggravated assault, simple assault, and the defenses of accident and self-defense. Regarding the offense of aggravated assault, the trial court charged the jury that "[a] person commits aggravated assault when he assaults another person with intent to murder, rape, or rob; or with a deadly weapon, or with any object, device of instrument which, when used offensively against a person, is likely to, or actually does, result in serious bodily injury." Holliman concedes there were no errors in the original jury instructions.
After deliberating for some time, the jury sent the court a note requesting a recharge on the definitions of malice murder and felony murder. After questioning the jury foreperson, the trial judge learned that the jury's true concern was with the definition of malice. The trial court then proceeded to recharge the jury on the offense of malice murder. After recharging on malice murder, the court charged the jury with regard to felony murder. ...
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Jackson v. State
...as to felony murder and involuntary manslaughter, and neither of those crimes required proof of his intent to kill. Holliman v. State, 257 Ga. 209, 356 S.E.2d 886 (1987); Hardrick v. State, 96 Ga.App. 670(1), 101 S.E.2d 99 (1957). The felony murder verdict was based upon commission of aggra......
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Brookins v. Brookins, 44481
......June 24, 1987. [257 Ga. 208] Robert E. Wilson, Dist. Atty., Sheila Conners, Asst. Dist. Atty., Decatur, for State of Georgia, ex rel. Marie Brookins. [257 Ga. 209] John L. Blandford, Chamblee, for James R. Brookins. [257 Ga. 205] ......
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Miller v. State
...malice or intent to commit murder, so long as it is shown the defendant intended to commit the underlying felony. Holliman v. State, 257 Ga. 209, 210, 356 S.E.2d 886 (1987). Furthermore, to the extent that appellant claims Georgia's "antiquated" felony murder rule renders his conviction unc......
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Flanders v. State
...however, "require that the defendant possess the requisite criminal intent to commit the underlying felony." Holliman v. State, 257 Ga. 209, 210(1), 356 S.E.2d 886 (1987). Since Flanders did not admit the underlying aggravated assault, his statement was in the nature of an admission. The St......
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Crimes and Offenses Crimes Against the Person: Revise the Definition of Feticide; Prohibit the Voluntary Manslaughter of an Unborn Child; Prohibit Assaults and Batteries of Unborn Children Under Certain Circumstances; Provide for Punishment for Persons Convicted of Such Offenses; Amend Title 40 of the Official Code of Georgia Annotated, Relating to Serious Traffic Offenses, So as to Remove the Requirement That an Unborn Child Be Quick in the Definition of Feticide by Vehicle; Amend Title 52 of the Official Code of Georgia Annotated, Relating to General Provisions Concerning Registration, Operation and Sales of Watercraft, So as to Remove the Requirement That an Unborn Child Be Quick in the Definition of Feticide by Vessel; Provide for Definitions; Provide for Exceptions; Provide for Applicability; Provide an Effective Date; Repeal Conflicting Laws; and for Other Purposes
...(Supp. 2006). 60. O.C.G.A. § 16-5-80 (Supp. 2006). 61. See 18 U.S.C. § 1841(a)(2)(B) (2006). 62. See id. 63. See e.g., Holliman v. State, 356 S.E.2d 886 (Ga. 1987); O.C.G.A. 16-5-l(c). The felony feticide provision, by definition, does not include feticide where the underlying offense is a ......