Wynn v. State
| Decision Date | 10 October 2000 |
| Docket Number | No. S00A0972.,S00A0972. |
| Citation | 272 Ga. 861,535 S.E.2d 758 |
| Parties | WYNN v. The STATE. |
| Court | Georgia Supreme Court |
OPINION TEXT STARTS HERE
Culp & Smith, John C. Culp, Roswell, for appellant.
Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Elizabeth A. Baker, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, for appellee.
Appellant Harold Wynn, Jr. was convicted of malice murder and aggravated assault in connection with the shootings of Thomasina Adama and Barbara Barnes.1 On the day of the crimes, Wynn picked up the two women at Adama's home and went to a store where he bought beer for them all. On the way back, Wynn accused Adama, with whom he had a sexual relationship which she was trying to end, of having a sexual relationship with Barnes. He then became angry when the women laughed at him because he wanted a beer and they had consumed it all. As Adama opened the door of her home, Wynn shot them both. He stood over Adama as she begged for assistance, taunted her for laughing at him, and shot her again. Adama died and Barnes, who had crawled to a neighbor's home for assistance, was hospitalized with gunshot wounds.
1. In his first enumeration of error, Wynn contends there was insufficient evidence to authorize the fact-finder to find Wynn guilty of murder because the state did not prove the essential elements of the crime beyond a reasonable doubt. Specifically, Wynn argues there was no evidence he killed Adama with malice aforethought, noting that the parties had not previously held animosity toward each other and were not arguing at the time of the crime.
However, there is no requirement that there be "premeditation" or a "preconceived" intention to kill; malice aforethought can be formed instantly. Wright v. State, 255 Ga. 109, 113(6), 335 S.E.2d 857 (1985). The record shows that Wynn was angry that the women drank all of his beer. There also was evidence presented that suggested that appellant was upset because he believed the two women had a sexual relationship. Consequently, this evidence was sufficient to authorize the trier of fact to find that he killed Adama with malice aforethought and to find him guilty beyond a reasonable doubt of murder, as well as aggravated assault. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
Wynn also requests that this Court change the long-standing rule that "words alone, regardless of the degree of their insulting nature, will (not) in any case justify the excitement of passion so as to reduce the crime from murder to manslaughter, where the killing is done solely on account of the indignation aroused by use of opprobrious words." Pace v. State, 258 Ga. 225(2), 367 S.E.2d 803 (1988). We decline the opportunity to modify that rule.
2. Wynn contends the trial court erred in refusing to allow him to impeach a witness before the witness's statement was placed into evidence. The state's witness was asked whether she told police Wynn had been acting strange on the night Adama was killed. After denying the statement, the witness was told to read a highlighted portion of the statement she gave to police. When asked if the document was accurate, the witness stated she could not recall what she said to police regarding Wynn's demeanor that night. Defense counsel then asked the witness to...
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Kemp v. State
...had a " ‘premeditation’ or a ‘preconceived’ intention to kill; malice aforethought can be formed instantly." Wynn v. State, 272 Ga. 861, 861 (1), 535 S.E.2d 758 (2000)."Whether a killing is intentional and malicious is for the jury to determine from all the facts and circumstances." Oliver ......
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Hood v. State
...not be impeached on a collateral matter by use of extrinsic evidence of prior inconsistent statements.”). See also Wynn v. State, 272 Ga. 861, 862, 535 S.E.2d 758 (2000) (affirming the exclusion of a prior inconsistent statement under the old Evidence Code because it “was irrelevant to the ......
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Thomas v. State, S15A0796.
...that there be ‘premeditation’ or a ‘preconceived’ intention to kill; malice aforethought can be formed instantly.” Wynn v. State,272 Ga. 861, 861(1), 535 S.E.2d 758 (2000). The evidence was sufficient to support the jury's verdict.2. Thomas next argues that the trial court erred in denying ......
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Russell v. State
...354 (2013). Malice aforethought may be formed in an instant and there need not be a showing of any premeditation. See Wynn v. State, 272 Ga. 861 (1), 535 S.E.2d 758 (2000). In this case, appellant shot Johnson because he was angered when Johnson punched him in the face. Although appellant s......