Patterson v. State
| Decision Date | 31 October 1994 |
| Docket Number | No. S94A1413,S94A1413 |
| Citation | 264 Ga. 593,449 S.E.2d 97 |
| Parties | PATTERSON v. The STATE. |
| Court | Georgia Supreme Court |
Melissa M. Nelson, DeKalb County Public Defender, Decatur, for Patterson.
Barbara B. Conroy, Asst. Dist. Atty., J. Tom Morgan, Dist. Atty., Decatur, Michael J. Bowers, Atty. Gen., Susan V. Boleyn, Sr. Asst. Atty. Gen., Michael D. Groves, Asst. Atty. Gen., State Law Dept., Atlanta, Anne G. Maseth, Stone Mountain Judicial Atty., Decatur, for State.
After a jury trial, appellant was found guilty of malice murder and sentenced to life. His motion for new trial was denied and he appeals. 1
1. Appellant enumerates the general grounds. It was undisputed that appellant shot the victim several times, twice in the head. He urges, however, that there was no proof of his intention to kill.
" Latimore v. State, 262 Ga. 448, 450, 421 S.E.2d 281 (1992). The relevant and material facts and circumstances in the instant case include the following Appellant became angry because the victim had not repaid a small loan. After stating that he would shoot the victim, appellant obtained a gun and, accompanied by several friends, went to confront the victim at his place of work. One of appellant's friends physically assaulted the victim. Although appellant contended that he shot the victim to protect his friend, there was significant evidence to the contrary. After first shooting the victim in the leg, appellant deliberately took aim and fired two shots into the victim's head. Appellant then fled the scene.
From this evidence, the jury was authorized to find proof of appellant's guilt of malice murder beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). See also Latimore v. State, supra. Accordingly, appellant's enumeration of the general grounds is without merit.
2. On two occasions, the trial court, in response to the jury's request, recharged on the definitions of murder and voluntary manslaughter. On yet a third occasion, the jury requested that it be provided with a written recharge on the definition of voluntary manslaughter. In response to this request, the trial court provided a written recharge on the definitions of murder and voluntary manslaughter. Appellant objected to "the written [re]charge [on] murder going out because the jury did not ask for it primarily." On appeal, appellant enumerates as error the giving of the unrequested additional written recharge on the definition of murder.
When the jury requests a charge or recharge on a particular point, the trial court has discretion to also give or not give additional instructions. Walter v. State, 256 Ga. 666, 668-669(2), 352 S.E.2d 570 (1987). Because the...
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McTaggart v. State
...recharge on a particular point, the trial court has discretion to also give or not give additional instructions." Patterson v. State, 264 Ga. 593, 594(2), 449 S.E.2d 97 (1994). "In determining whether the recharge contained error, it is fundamental that we must look at not only the recharge......
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Rickman v. State
...443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). 3. Collins v. State, 276 Ga. 726, 727, 583 S.E.2d 26 (2003). 4. Patterson v. State, 264 Ga. 593, 594, 449 S.E.2d 97 (1994); Miner v. State, 268 Ga. 67-68, 485 S.E.2d 456 (1997); Columbus v. State, 270 Ga. 658, 666, 513 S.E.2d 498 (1999); J......
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Columbus v. State
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