Murder. Richmond Superior Court. Before Judge Overstreet.
Judgment affirmed in part and reversed in part.
Jana W. Jacobson, for appellant.
Ashley Wright, District Attorney, Madonna M. Little, Joshua B. Smith, Titus T. Nichols, Assistant District Attorneys; Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Matthew B. Crowder, Assistant Attorney General, for appellee.
THOMPSON, Chief Justice. All the Justices concur.
Thompson, Chief Justice.
Appellant James Daughtie was convicted on all eight counts of an indictment, which included malice murder and theft by receiving
stolen property. He appeals, asserting, inter alia, the evidence was insufficient to support the verdict. Except for his conviction for theft by receiving stolen property, we find no error and affirm.
1. Viewed in a light favorable to the verdict, we find the following: The victims, Ozzie Brian Jones and Dontrell Kyler, went to two different nightclubs and a diner on the night in question. Appellant, who was driving his mother's dark green Chevrolet Trail Blazer, visited one of the clubs, as well as the diner, the same evening. Kyler and Jones left the diner in the early morning hours; Jones was driving, Kyler was in the passenger seat.
Jones noticed a dark-colored Trail Blazer following them. As Jones stopped to drop off Kyler, the Trail Blazer turned in front of his vehicle. Two men exited the Trail Blazer; one of them cocked his gun, stated " you know what it is," and began shooting. Jones grabbed his own gun and began shooting back until his gun either ran out of bullets or jammed. At that point, Jones and Kyler crouched down to " play dead," but the shooting continued. Jones was wounded; Kyler was killed. Once the shooting stopped, Jones continued to play dead. Then one of the assailants opened the driver's side door and began to search Jones' pocket. Jones slammed his foot on the accelerator and crashed into the back of a building. Jones jumped out of his vehicle, ran to hide under a house, and called police. He remained under the house until police arrived on the scene.
Thereafter, at approximately 4:45 a.m., appellant, who had been shot in the leg, called police to report a robbery. At that time, appellant was at his mother's house; however, he told police he was robbed earlier at a gas station.
[297 Ga. 262] Police took appellant to a hospital; meanwhile, they obtained his mother's permission to search her house. Police found blood-stained clothes and towels, a stolen 9mm handgun, and Timberland boots during the search. The evidence demonstrated that the handgun fired the bullet recovered from Kyler's body and that the size and ...