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Hooks v. State

The evidence at trial did not prove that the defendant had an alibi for the timeframe his girlfriend and her son were stabbed to death.

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Alton Hooks was tried by a Fulton County jury and convicted of the murder of Diane Gibbs, the murder of Jimmy Gibbs, and the unlawful possession of a knife during the commission of a felony. Hooks appeals, contending that the evidence is legally insufficient to sustain his convictions, that the trial court erred when it denied his motion for a mistrial, and that it erred when it admitted certain evidence. Upon our review of the record and briefs, we see no error, and we affirm.1

1. Viewed in the light most favorable to the verdict, the evidence shows that Diane lived with her son Jimmy in Overlook Atlanta, an apartment complex in west Atlanta. For awhile, Diane was in a romantic relationship with Hooks. By December 1999, however, the relationship had soured, and around that time, Hooks told a relative that Diane was “going to make him do something to her.” On December 15, a neighbor saw Hooks in the apartment that Diane and Jimmy shared, noting that Hooks stood by the front door “practically the whole day,” which the neighbor thought was unusual.

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