Shealey v. State
| Decision Date | 24 September 1987 |
| Docket Number | No. 44716,44716 |
| Citation | 360 S.E.2d 266,257 Ga. 437 |
| Parties | SHEALEY v. The STATE. |
| Court | Georgia Supreme Court |
H. Haywood Turner III, Columbus, for Larry Shealey.
William J. Smith, Dist. Atty., Consolidated Municipal Gov't Center, Columbus, Michael J. Bowers, Atty. Gen., Dennis R. Dunn, Asst. Atty. Gen., for the State.
The appellant, Larry Shealey, was indicted along with Eddie Robert Adams and Ray Frank Thornton for the felony murder of Tommy Evon Stroud. Mr. Stroud was shot during the armed robbery of his liquor store. Thornton pleaded guilty and was sentenced to life imprisonment. Adams testified that he also intended to plead guilty. The appellant was found guilty of felony murder with the underlying felony being armed robbery. He was sentenced to life imprisonment. We affirm. 1
Approximately two weeks after the robbery and murder, the police were informed that someone had information relating to the crimes. Sonya Harrow and Jeffery Allison were questioned by the police and based on the information they provided, the police arrested Thornton, Adams, and the appellant.
The appellant denied any involvement in the crimes and told the officers he was at a relative's home when the crimes were committed. When his alibi was disproved, he recanted and told officers he was at the home of another relative. That alibi was also recanted when disproved. He subsequently gave a statement to the officers in which he stated that he, Thornton, and Adams intended to rob the store, and that he acted as a lookout. When he heard gunshots he ran away. The others caught up with him and they divided the stolen money. The appellant stated that Thornton said that he shot the victim when the victim grabbed Adam's hand. Thornton gave the police a statement when he was arrested. He indicated that he, the appellant, and Adams planned to rob the victim and that he accidently shot the victim during the robbery.
Adams testified that he and Thornton planned the robbery, that Thornton shot the victim, but that the appellant was not involved.
Ms. Harrow testified that when the appellant saw her in the yard, he came over to try to sell her a radio and a television that he had stolen. He indicated that he was not fully aware of what he was saying as he was under the influence of cocaine. Ms. Harrow testified that the appellant said that he, Thornton, and Adams planned to rob the liquor store, but during the robbery the owner was shot.
The appellant testified that he was not involved in the crimes and that he was with his mother and other relatives at the time the crimes were committed. He admitted that he had given the police other alibis involving other relatives before he gave a statement to the police.
Family members testified that he was with them at the time the crimes were committed.
1. The appellant asserts that the evidence was not sufficient to prove him guilty of murder.
We find the evidence sufficient to satisfy the standard established in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. The appellant complains that his character was improperly introduced into evidence when Ms. Harrow was allowed to testify, over objection, that the appellant was under the influence of cocaine and that he had stolen the...
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