Stiles v. State
| Decision Date | 19 September 1994 |
| Docket Number | No. S94A0726,S94A0726 |
| Citation | 264 Ga. 446,448 S.E.2d 172 |
| Parties | STILES v. The STATE. |
| Court | Georgia Supreme Court |
E. Ronald Garnett, Augusta, for Stiles.
Daniel J. Craig, Dist. Atty., Daniel W. Hamilton, Asst. Dist. Atty., Augusta, Michael J. Bowers, Atty. Gen., Atlanta, Johnny Markwalter, Asst. Dist. Atty., Peggy R. Katz, Asst. Atty. Gen., Augusta, for State.
Dorothy Stiles was convicted of felony murder and possession of a firearm during the commission of a crime, in connection with the death of her husband of 25 years. 1
1. Appellant maintains the evidence presented at trial was not sufficient to authorize her conviction for felony murder. The State presented evidence that the victim died from a .22-caliber gunshot wound to his head, fired from a distance of 18-24 inches. A deputy sheriff arrived at the Stiles' home in response to a call reporting that a person had been shot during a domestic disturbance, and encountered appellant. The deputy described appellant as being very upset, and testified that she told him she had fatally shot her husband in the bedroom. After she was advised of her rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and signed a form waiving those rights, appellant told investigators that she had been angry with her husband because he had stayed out the previous night and had not been available to lend paternal support when their daughter reported she had been evicted from her apartment. When the victim had returned home, appellant and the victim had struggled in the bedroom. Appellant had then pulled her husband's gun from under the mattress, cocked it, and aimed it at his head in order to scare him. Appellant admitted that her actions scared the victim. The gun discharged when the victim struck it with his arm. Appellant repeatedly told investigators she had thought the gun was unloaded, despite her husband's warnings to the contrary. The evidence was sufficient to authorize a rational trier of fact to conclude that appellant was guilty beyond a reasonable doubt of causing the death of another during the commission of the felony of aggravated assault when she used a deadly weapon and placed her husband in reasonable apprehension of immediately receiving a violent injury. OCGA §§ 16-5-1(c); 16-5-21(a)(2). Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Appellant maintains that the trial court erred when it followed appellant's requested charge on accident with a charge based on Grude v. State, 189 Ga.App. 901(1), 377 S.E.2d 731 (1989). The holding in that case is derived from this court's decision in Ford v. State, 202 Ga. 599(3), 44 S.E.2d 263 (1947):
Where, as in the instant case, it is shown by the evidence, and admitted in the defendant's statement, that the homicide occurred by the discharge of a gun held by the accused ... [which placed another in reasonable apprehension of immediately receiving a violent injury] ..., even if the discharge of the gun was unintentional, the offense is murder; and in no view of such facts does it involve ... accident....
The defense of "accident" is defined in OCGA § 16-2-2 as the absence of a criminal scheme or undertaking, intention, or criminal negligence. "Cocking and aiming a gun ... at [another] ... is an utter disregard for the safety of that person and constitutes criminal negligence", rendering the defense of accident inapplicable. New v. State, 260 Ga. 441, 442, 396 S.E.2d 486 (1990).
In light of appellant's testimony that, at the time the gun was discharged she was using it in a successful effort to frighten the victim, the resulting homicide constituted murder and not accident. Ford, supra. The trial court did not err when it instructed the jury on the Ford/ Grude principle. 2
3. Appellant contends she is entitled to a new trial due to alleged juror misconduct. She asserts that a juror purportedly contacted the district attorney five days after the trial and informed him that the juror knew the deputy sheriff/witness who had arrested appellant. Based on the post-trial admission, appellant contends that the juror deliberately failed to give complete and truthful answers during voir dire, and finds fault with the trial court for its failure to investigate the allegation of juror misconduct. The trial court denied the motion for new trial after...
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Murphy v. State
...rendering the defense of accident inapplicable. New v. State, 260 Ga. 441, 442, 396 S.E.2d 486 (1990)." Stiles v. State, 264 Ga. 446, 448(2), 448 S.E.2d 172 (1994). In light of Murphy's statement to the police that he obtained the shotgun shells "earlier last week" because of arguments with......
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Dunagan v. State
...an utter disregard for the safety of Freund who might reasonably be expected to be injured or frightened. See Stiles v. State, 264 Ga. 446, 448(2), 448 S.E.2d 172 (1994). The Court of Appeals has recognized that, under such circumstances, the defendant can be found guilty of commission of a......
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R.D.F., In Interest of
...appellee had the responsibility to present sufficient evidence in support of his motion to dismiss. See generally Stiles v. State, 264 Ga. 446(3), 448 S.E.2d 172 (1994). In the absence of a transcript, appellee has failed to establish that OCGA § 15-11-26(a) was violated. See Irvin v. Dept.......
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Wright v. State
...S.E.2d 233 (1996) (same). 18. Davis v. State, 229 Ga.App. 787, 788(1)(a), 494 S.E.2d 702 (1997). 19. (Citation omitted.) 264 Ga. 446, 448-449(3), 448 S.E.2d 172 (1994); see Munn v. State, 208 Ga.App. 674(1), 431 S.E.2d 447 (1993) (during voir dire juror did not know victim's name but recogn......