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Freeman v. State

A trial court's ruling before the jury on the voluntariness of a defendant's statement constitutes improper comment on the evidence and amounts to a violation of O.C.G.A. § 17-8-57.

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Eddie Lee Freeman appeals from his convictions and sentences for malice murder and possession of a firearm during the commission of a crime in connection with the death of Terrance Devaris Moore. For the reasons that follow, we reverse.1

Construed to support the verdicts, the evidence showed that Freeman and two other men went to a motel room to buy illegal drugs; Freeman was in possession of a .38 caliber revolver. Moore was in the motel room with three other men. There was a disagreement over the price of the drugs, and an argument ensued; Moore locked the door to the motel room and placed his hand in his pocket and appeared to begin to remove a handgun from it. A gunshot was then fired, followed by a number of other gunshots, and the lights of the room went out; the door to the room became inoperative and those inside the room began to leave through a broken window. Freeman fired his .38 revolver several times, and was himself twice struck by bullets. He was subsequently taken to a hospital. Moore was also struck twice by bullets, and died en route to the hospital. The autopsy produced two .38 bullets recovered from his body, at least one having been fired from close range; the bullets proved to have been fired from either a .38 special or .357 magnum revolver, and to have been fired from the same weapon as another bullet found at the crime scene. Freeman’s .38 revolver was not found, and it was established that bullets of other calibers were fired at the crime scene.

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