Smith v. State, S94A0188
| Citation | 441 S.E.2d 241,264 Ga. 87 |
| Decision Date | 28 March 1994 |
| Docket Number | No. S94A0188,S94A0188 |
| Parties | SMITH v. The STATE. |
| Court | Supreme Court of Georgia |
Clyde M. Urquhart, Woodbine, for Smith.
Keith Higgins, Asst. Dist. Atty., Brunswick, W. Glenn Thomas, Jr., Dist. Atty., Brunswick Judicial Circuit, Jesup, Michael J. Bowers, Atty. Gen., Susan V. Boleyn, Sr. Asst. Atty. Gen., Dept. of Law, Atlanta, for State.
Rachelle L. Strausner, Staff Atty., Atlanta.
John Smith was found guilty of felony murder and sentenced to life in prison. 1 He appeals and we affirm.
1. The evidence showed that on the night of the murder there was a fight at the Paradise Inn Club in Camden County. The victim, who was not involved in the fight, removed his cousin from the center of the controversy and, as the two began to walk away, a shot was fired striking the victim in the chest. An eyewitness acquainted with both the victim and Smith told police that he saw Smith pull a gun from the front of his pants and shoot the victim. He also informed police that Smith was wearing grey jeans, a dark New York Yankees long-sleeved jacket and a floppy hat.
After obtaining Smith's name and description from the eyewitness, police went to the home of Smith's mother where Smith was then residing. The officers told Mrs. Smith that they believed her son had been involved in a shooting and asked and received her permission to search the house, including the room where Smith kept his belongings. There, the officers discovered the grey jeans, New York Yankees jacket and hat described by the eyewitness and a .25 caliber semi-automatic handgun. It was later determined that the bullet taken from the victim's body was fired from the handgun found in Smith's room.
On this evidence, Smith argues that insufficient evidence existed by which the jury could find him guilty of felony murder. Reviewing this evidence in the light most favorable to the verdict, we conclude that a rational trier of fact could have found Smith guilty of felony murder beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. During trial, Smith moved to exclude the evidence discovered by officers in the search of his mother's home. Smith argues that his mother did not have authority to consent to the search of the room in which he kept his belongings because the room was designated as his room and none of his mother's belongings were stored in the room.
A warrantless search of a residence may be authorized by the consent of any person who possesses common authority over or other sufficient relationship to the premises to be searched. United States v. Matlock, 415 U.S. 164, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974); Peek v. State, 239 Ga. 422, 238 S.E.2d 12 (1977). "Common authority" is defined as:
mutual use of the property by persons generally having joint access or control for most purposes, so that it is reasonable to recognize that any of the co-inhabitants has the right to permit the inspection in his own right and that the others have assumed the risk that...
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