Public-domain · open source
OpenJurist

176 Ga. App. 844

McLemore v. State

Court of Appeals of Georgia

Decided November 14, 1985

Court of Appeals of Georgia · decided 1985-11-14

Cited by 1 later decisions — most recently February 1986

1 state decisions

Relies on 153 Ga. App. 35 - Baldwin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-11-14

View the full empirical analysis of this case →

Banke, Chief Judge.

¶1The appellant was indicted for murder and convicted of voluntary manslaughter based on evidence that he fatally shot a high-school classmate inside the school building. On appeal, he contends that the evidence was insufficient to support the verdict.

¶2The evidence showed that the victim was angry with the appellant as the result of an earlier confrontation between them and that he precipitated the confrontation which led to the shooting. The appellant had armed himself with a pistol because the victim had let it be known that he was looking for the appellant. The victim, who was unarmed, approached the appellant in the hallway of the school and began shoving him; whereupon, after some effort to break off the encounter, the appellant pulled his pistol and fired the fatal shot. The victim was turning away from the appellant when the shot was fired and was hit in the back. The appellant testified that he thought the victim was reaching for a weapon. Held:

¶3After a careful review of the transcript, we hold that the evidence presented to the jury, when viewed in the light most favorable to the verdict, was sufficient to enable any rational trier of fact to find the *845appellant guilty of voluntary manslaughter beyond a reasonable doubt. See generally Baldwin v. State, 153 Ga. App. 35 (264 SE2d 528) (1980).

Decided November 14, 1985.Lee R. Hasty, for appellant.Arthur E. Mallory III, District Attorney, William G. Hamrick, Jr., Assistant District Attorney, for appellee.

¶4Judgment affirmed.

McMurray, P. J., and Benham, J., concur.
/176/gaapp/844 · .json · Public domain