Strozier v. State
| Decision Date | 12 September 1985 |
| Docket Number | No. 42363,42363 |
| Citation | 334 S.E.2d 181,254 Ga. 712 |
| Parties | STROZIER v. The STATE. |
| Court | Georgia Supreme Court |
Larry B. Mims, Mims & Henderson, Tifton, for James Lee strozier.
David E. Perry, Dist. Atty., Tifton, Michael J. Bowers, Atty. Gen., Atlanta, Dennis R. Dunn, Staff Asst. Atty. Gen., for the State.
James Lee Strozier was convicted of murder and sentenced to life imprisonment for killing his wife with a machete. 1
Strozier followed his estranged wife and their children to Tifton, where he had tried, for several months, to effect a reconciliation. An off-duty police officer, who lived in the apartment above Mrs. Strozier, heard her screaming, saw Strozier striking her with what appeared to be a newspaper, and observed blood on the victim. The officer notified the police, obtained a revolver, and went downstairs to find Mrs. Strozier lying on the porch covered with blood, her throat slashed. A machete wrapped in newspaper was found beside her. Strozier was standing in the doorway. The officer ordered Strozier to lie face down in the grass until the police arrived.
Medical testimony indicated that the cause of death was a severed artery in the victim's neck.
Strozier testified that he had visited with his children two days before the homicide; that on the day of the event he borrowed his sister's automobile and drove to his wife's apartment; that when she answered the door, she cursed him, walked to the bedroom, returned to the door holding a newspaper behind her back, and then she struck him in the head. He said that the next thing he remembered was seeing his wife lying in a pool of blood.
Strozier testified that the machete belonged to his wife. Strozier's sister testified that she had seen the machete wrapped in a newspaper in her (the sister's) automobile before the homicide.
A psychologist testified for the defense that Strozier's ability to differentiate between right and wrong had been disturbed at the time of the homicide by his marital difficulties. He admitted, however, that the accuracy of his opinion might be affected by the fact that he did not talk with Strozier until several months after the incident.
Lay persons testified regarding Strozier's behavior on or near the date of the homicide. Officer Weldy stated that Strozier was calm and responded well during their conversation at the police station immediately following his arrest. Ms. Hildebrandt testified that Strozier was cooperative, answered questions freely, and exhibited no bizarre behavior prior to his trial. Natasha Strozier, the victim's daughter, testified that her father's behavior was not unusual when she was with him two days before the incident.
1. Strozier contends that the evidence demanded a finding that he was insane at the time of the homicide.
"We conclude that an appropriate standard of appellate review of the sufficiency of the evidence with regard to a jury's finding of sanity in a criminal case is whether after reviewing the evidence in the light most favorable to the state, a rational trier of fact could have found that the defendant failed to prove by a preponderance of the evidence that he was insane at the time of the crime." Brown v. State, 250 Ga. 66, 71-72, 295 S.E.2d 727 (1982).
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Harris v. State, 43469
...so overwhelming that a jury finding of sanity cannot be upheld." Brown, supra 250 Ga. at 71, 295 S.E.2d 727. See Strozier v. State, 254 Ga. 712, 713, 714, 334 S.E.2d 181 (1985); Keener v. State, 254 Ga. 699, 334 S.E.2d 175 The expert testimony in this case appears to support a finding of no......
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Johnson v. State
...the evidence. The findings of the trial court as to the issues of insanity and guilt are supported by the evidence. Strozier v. State, 254 Ga. 712, 334 S.E.2d 181 (1985); Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 4. Johnson claims that the trial court erred in finding......
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Nevins v. State, 72783
...but this presumption may be rebutted. OCGA § 16-2-3; Butler v. State, 252 Ga. 135, 137, 311 S.E.2d 473 (1984); Strozier v. State, 254 Ga. 712, 713, 334 S.E.2d 181 (1985) (decided subsequent to Francis, supra). Thus, the court's charge was a correct statement of the law. Francis v. Franklin,......
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White v. State, 43098
...340 S.E.2d 1, (1986). The findings of the trial court as to insanity and as to guilt are supported by the evidence. Strozier v. State, 254 Ga. 712, 334 S.E.2d 181 (1985). Judgment All the Justices concur. ...