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Brown v. State

The defendant repeatedly struck his live-in girlfriend with an axe, fatally wounding her, following an argument over the fact that the victim had spoken with her estranged husband on the phone.

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Kenneth Brown appeals from his convictions and sentences for the crimes of malice murder, aggravated assault, and giving false information to a law enforcement officer, all in connection with the axe slaying of Charlotte Grant. For the reasons that follow, we affirm.1

Construed to support the verdicts, the evidence showed that Brown and Grant were in a romantic relationship and lived together; Grant’s two adult children, Keith and Christina Medley, also lived in the home. However, Grant remained married to another man. On December 24, 2010, Brown discovered that Grant had spoken by cell phone to her estranged husband, who lived out of state. Brown and Grant argued, and Grant asked her son Keith Medley “Medley” to get Brown’s sister, Annie Pride “Pride”, from next door, in hopes that Pride could convince Brown to leave. After Pride arrived, the argument continued, with Pride and Medley joining it, and Medley pushed Brown on the shoulder; at no time did Grant and Brown have physical contact. Brown left the house and returned with an axe, partially concealed behind his back. Brown then swung the axe repeatedly at Grant and Medley, using both hands; he did not speak while doing this. Medley and Grant attempted to retreat to the rear of the house where a door led outside, but Brown struck Grant multiple times with the axe. Grant fell limp, and Medley laid her in the doorway of the back door to the house and then ran to a nearby house to call 911. Pride summoned her husband Leon, who discovered Brown near the back door standing next to Grant with what appeared to be a stick; he told Brown to leave, and later realized that the stick was an axe.

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