Miller v. State
| Decision Date | 07 May 2001 |
| Docket Number | No. S01A0750.,S01A0750. |
| Citation | 546 S.E.2d 524,273 Ga. 831 |
| Parties | MILLER v. The STATE. |
| Court | Georgia Supreme Court |
OPINION TEXT STARTS HERE
Jeffrey W. Cofer, Jonesboro, for appellant.
Robert E. Keller, Dist. Atty., Erman J. Tanjuatco, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Ruth M. Bebko, Asst. Atty., Gen., for appellee.
Appellant Antavis Miller was convicted of malice murder and possession of a firearm during the commission of a crime in connection with the death of Khay Nohkhaokath on October 31, 1996. On appeal, appellant contends only that the evidence presented by the State was not sufficient to authorize the jury's verdicts. We disagree and affirm the judgment of conviction entered by the trial court.1
The State presented evidence that the victim was fatally shot with a Lorcin .380 caliber handgun in the head, the chest, and the right hand in a Clayton County apartment complex between 3:00 and 4:00 p.m. on October 31, 1996. A resident of the complex identified appellant as the man the witness saw point a gun at an unarmed Asian man, accuse him of being a "narc," and threaten to kill him. The witness then heard four gunshots. Another man who admitted he was with appellant in the apartment complex and was also facing murder charges in connection with the victim's death, testified that appellant had pulled out a gun and fired three shots at the victim after the victim had approached appellant and the witness and flashed money. The witness also testified that the handgun established to be the murder weapon was "similar" to the handgun appellant used. The victim's body was found at the end of a bloody trail leading from the scene of the shooting.
Under OCGA § 24-4-8, the testimony of appellant's accomplice, in and of itself, is not sufficient evidence to authorize appellant's convictions. However, the testimony of the resident-witness is sufficient independent corroborating evidence connecting appellant to the crimes to permit the jury, when considering it together with the rest of the evidence, to find beyond a reasonable doubt that appellant was guilty of the crimes charged. Myers v. State, 260 Ga. 412(3), 395 S.E.2d 811 (1990). Contrary to appellant's assertion, the evidence presented against appellant is not made insufficient by the fact that the testimony of several witnesses for the State differed with regard to the number, gender, and identity of the persons gathered with appellant at the time of the shooting.
As long as there is some competent evidance, even though ...
To continue reading
Request your trial
-
Jernigan v. State
...at 319 (III) (B), 99 S.Ct. 2781.5 Howard , 340 Ga. App. at 136 (1), 796 S.E.2d 757 (punctuation omitted); accord Miller v. State , 273 Ga. 831, 832, 546 S.E.2d 524 (2001).6 See, e.g. , Harris v. State , 236 Ga. 766, 767, 225 S.E.2d 263 (1976) ("The case against [the defendant] is circumstan......
-
Miller v. State
...omitted); see also Jackson v. Virginia , 443 U.S. 307, 319 (III) (B), 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).4 Miller v. State , 273 Ga. 831, 832, 546 S.E.2d 524 (2001) (punctuation omitted); accord Westbrooks v. State , 309 Ga. App. 398, 399-400 (1), 710 S.E.2d 594 (2011).5 U.S. Const. amend......
-
Davenport v. the State.Walsh v. the State.
...307, 319(III)(B), 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)); see also English, 301 Ga.App. at 842, 689 S.E.2d 130. 7. Miller v. State, 273 Ga. 831, 832, 546 S.E.2d 524 (2001) (punctuation omitted) (quoting Peek v. State, 247 Ga.App. 364, 365(1), 542 S.E.2d 517 (2000)). 8. Lott, 303 Ga.App. at 7......
-
Anderson v. State
...omitted); see also Jackson v. Virginia , 443 U.S. 307, 319 (III) (B), 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).4 Miller v. State , 273 Ga. 831, 832, 546 S.E.2d 524 (2001) (punctuation omitted); accord Westbrooks v. State , 309 Ga. App. 398, 399-400 (1), 710 S.E.2d 594 (2011).5 See Ga. L. 2009, ......