Martin v. State, S92A0586
| Citation | 418 S.E.2d 12,262 Ga. 312 |
| Decision Date | 06 July 1992 |
| Docket Number | No. S92A0586,S92A0586 |
| Parties | MARTIN v. STATE. |
| Court | Georgia Supreme Court |
Eugene M. Benton, Hearn & Childers, Monroe, for Martin.
Alan A. Cook, Dist. Atty., Alcovy Judicial Circuit, Monroe, Michael J. Bowers, Atty. Gen. and Peggy R. Katz, Staff Atty., Atlanta, for the State.
James Edward Martin was convicted of felony murder and sentenced to life in prison. He appeals. 1 We affirm.
In the early hours of the morning of June 26, 1990, appellant's mother, Phyllis Jean Martin, woke him up to talk. Appellant left the room with her, telling his girlfriend to put on radio headphones and to go back to sleep. Appellant and his mother soon began to argue. When his mother slapped him, appellant left the room, retrieved two baseball bats and a steel rod. He beat his mother in the head and killed her. He then woke his girlfriend and demanded that she assist him in disposing of the body. He put the victim in the trunk of her car and left it in a wooded area of Walton County.
1. Appellant first asserts that the verdict is contrary to the evidence. He argues that the evidence demonstrated that he acted out of a sudden, violent and irresistible passion resulting from serious provocation. Therefore, he says, a verdict of voluntary manslaughter--not felony murder--was required.
In Edge v. State, 261 Ga. 865, 414 S.E.2d 463 (1992), this court adopted a modified merger rule that applies where aggravated assault is the felony underlying the charge of felony murder. In that case we stated, "[I]f there is but one assault and that assault could form the basis of either felony murder or voluntary manslaughter, a verdict of felony murder may not be returned if the jury finds that the assault is mitigated by provocation and passion." Id. at 866, 414 S.E.2d 463. Here, in contrast to Edge, the jury returned a verdict of felony murder and did not return a verdict of voluntary manslaughter. Our own review of the evidence reveals that a verdict of voluntary manslaughter was not required. Although appellant presented evidence that he was very upset, there was also evidence that his relationship with his mother had been deteriorating for weeks. His argument with her on the night of the crime was about the same subjects that they had been arguing about for years. He had told co-workers prior to the crime that he might have to kill her. The only provocation was his mother's slap. He left the room to get baseball bats and a steel rod and returned to beat her in the head. On this evidence, the jury could have concluded that he did not intend to kill her, but did intend to commit an aggravated assault on her. Thus, the evidence was sufficient to support a verdict of felony murder under the standard enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Next, appellant contends that the trial court erred in giving a sequential charge on murder, felony murder and voluntary manslaughter which precluded the jury's full consideration of a voluntary manslaughter verdict. Although the sequential murder charge was disapproved in Edge, supra, no contemporaneous objection to the charge was made at...
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Ledford v. State
...failed to object to these remarks at trial, and any error relating to them will not be considered on appeal. Martin v. State, 262 Ga. 312(2), 418 S.E.2d 12 (1992). Further, the trial court made these remarks in context of admonishing the jury to not "read, listen to or watch any media accou......
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Battles v. Chapman, S98A0734.
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Roulain v. Martin, S95A1427
...After a jury trial, James Edward Martin was found guilty of felony murder and his conviction was affirmed on appeal. Martin v. State, 262 Ga. 312, 418 S.E.2d 12 (1992). He then filed a petition for a writ of habeas corpus, contending that the trial court gave a sequential charge which had b......
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Hittson v. State
...he had no objections to the substance of the trial court's instruction, and Hittson may not now object on appeal. Martin v. State, 262 Ga. 312(2), 418 S.E.2d 12 (1992). Further, the trial court's response to the jury's inquiry was not erroneous. Curry v. State, 255 Ga. 215, 223, 336 S.E.2d ......