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White v. State

The trial court did not err in accepting the jury's verdict finding the defendant guilty of felony murder without having entered a verdict with regard to voluntary manslaughter.

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Appellant Darryl John White was convicted of the felony murder of Ronald Price with the underlying felony being aggravated assault, and possession of a knife during the commission of a felony. After reviewing appellant’s enumerations of error, we affirm the judgment of conviction.1 An eyewitness identified appellant as the man he saw walk up to the victim and strike him in the chest, fold up a knife and put it in his pocket, and walk away. The victim was treated at a hospital for a stab wound to his chest and was transferred to a long-term medical-care facility. He died at that facility two months later as a result of a blood clot that had formed due to his immobilization and had broken off and lodged in his lungs. The eyewitness testified he had not seen or heard the victim do or say anything to provoke appellant’s attack. Appellant testified and admitted stabbing the victim but maintained his action was justified because the victim was one of several smokers who on the day of the stabbing had surrounded appellant and “tortured” him by blowing cigarette smoke in his face and causing him to inhale the smoke, which resulted in appellant having difficulty breathing and becoming dizzy.

1. The evidence was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of felony murder with the underlying felony being aggravated assault, and possession of a knife during the commission of a crime. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979; Green v. State , 266 Ga. 758 1, 2b 470 SE2d 884 1996.

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