Mason v. State

• Decision Date: 12 November 1996
• Docket Number: No. S96A1615,S96A1615
• Citation: Mason v. State, 477 S.E.2d 568, 267 Ga. 314 (Ga. 1996)
• Parties: , 96 FCDR 3981 MASON v. The STATE.
• Court: Georgia Supreme Court

Page 568

477 S.E.2d 568

267 Ga. 314, 96 FCDR 3981

MASON v. The STATE.

No. S96A1615.

Supreme Court of Georgia.

Nov. 12, 1996.

John Philip Cannon, Brinberry, Kaplan & Brimberry, Albany, for Jeffery L. Mason.

Britt R. Priddy, District Attorney, Albany, Michael J. Bowers, Attorney General, H. Maddox Kilgore, Assistant Attorney General, Atlanta, Department of Law, for State.

HUNSTEIN, Justice.

Jeffery Lamar Mason was found guilty of felony murder, aggravated assault, possession of a firearm during the commission of a crime, carrying a concealed weapon, and carrying a weapon without a license. He was sentenced to life imprisonment on the felony murder charge with concurrent 20-year and 5-year sentences on the aggravated assault and possession charges and concurrent one-year sentences on the two misdemeanor charges. He appeals from the denial of his motion for new trial. ¹

1. The evidence adduced at trial authorized the jury to find that Mason entered into an argument with Kelvin O'Neal, the new boyfriend of Mason's ex-girlfriend, over which young man was going to ride in the front seat of the girlfriend's car. Mason pulled a handgun out of his pocket. As Mason looked away momentarily in response to a call from his cousin, O'Neal swung at Mason's arm. Mason turned and shot O'Neal in the chest, inflicting a fatal wound. This evidence was sufficient to enable the jury to find Mason guilty beyond a reasonable doubt of the crimes charged. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

2. Mason's aggravated assault conviction was the underlying felony for his conviction of felony murder; therefore, it merged into the felony murder conviction. It follows that the conviction and sentence for aggravated assault must be vacated. Fields v. State, 266 Ga. 241(4), 466 S.E.2d 202 (1996).

3. In his sole enumeration of error, Mason contends the trial court erred by refusing to give a jury charge on involuntary manslaughter, specifically, his written request on unlawful act involuntary manslaughter, OCGA § 16-5-3(a). Mason argues there was some "slight evidence" to justify the charge, see Edwards v. State, 264 Ga. 131, 442 S.E.2d 444 (1994), in that Mason adduced evidence that he took out the handgun intending only to give it to his cousin; that he did not have the gun pointed at anyone when O'Neal swung at him; and that Mason was looking away when the gun discharged.

Pretermitting the question whether Mason properly objected to the failure to give the requested charge, we find no error. Contrary to Mason's...