Davis v. State

The defendant stabbed the victim to death following an altercation at a 2008 Thanksgiving dinner.

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Appellant Mark S. Davis was convicted of felony murder for the November 27, 2008, death of the victim Roy Robinson.1 He appeals from the denial of his motion for a new trial. For the reasons set forth below, we affirm. 1. Appellant contends the trial court erred when it upheld its denial of his motion for a directed verdict. We review the denial of a motion for directed verdict as we would a claim challenging the sufficiency of the evidence. Bell v. State , 284 Ga. 790 1 671 SE2d 815 2009; Thomas v. State , 239 Ga. 734 2 238 SE2d 888 1977.

The record shows that on Thanksgiving day 2008, appellant, Robinson, Terry Shawn Luke, and Priscilla Lowe were having dinner at Lowe’s apartment. Throughout the day, appellant, Robinson, and Lowe had been drinking beer and, after dinner, they began drinking liquor provided by Robinson. Appellant and Robinson, who were both intoxicated, started roughhousing with each other. The fight became more serious when appellant pushed Robinson and Robinson struck appellant in the back of the head with a drinking glass which shattered on impact, cutting appellant’s neck. Luke testified that appellant pulled out a knife from his pocket after being hit with the glass. Luke and Lowe testified that Robinson came forward with a couch cushion, verbally threatening appellant. Appellant chased Robinson with the knife and stabbed Robinson to death in the hallway of the apartment. Neither Luke nor Rowe witnessed the stabbing because Luke had retreated to the bathroom and Rowe had retreated to the kitchen to avoid the melee. Rowe testified that she heard “bodies hitting walls” while she was in the kitchen. After the fight was over, Rowe saw appellant leave the house with a knife in his hand. She also saw the victim lying on the floor in the hallway, asking her to call 911. Robinson died at the scene from his injuries which included “sharp-force wounds” to his heart, lung, diaphragm and liver. No form of a weapon was found on Robinson’s body.

Davis v. State

The defendant stabbed the victim to death following an altercation at a 2008 Thanksgiving dinner.

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