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Gibson v. State

A witness heard five successive gunshots immediately before the defendant announced that he had ' "just killed her," ' in regard to his wife, whom officers found shot dead on her couch.

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Appellant Charles Gibson was convicted of malice murder and other crimes arising out of the shooting death of his wife, Jamie Gibson.1 He appeals from the denial of his motion for new trial. Finding no error, we affirm. 1. Viewed in the light most favorable to the verdict, the jury was authorized to find that in the early morning hours of January 6, 2004, appellant made several telephone calls to James Gillespie, an individual he believed was involved in a relationship with his wife. Gillespie ignored several of appellant’s calls and after answering the last call, heard appellant say “I told you to quit messing with my wife,” followed by five successive gunshots. Appellant then stated, “I just killed her. I just killed the b____ and I’m coming for your throat.” Gillespie hung up and called Jamie’s mother, who called police and asked them to go to Jamie’s apartment to check on her. Police found Jamie dead on her couch.

We find the evidence was sufficient to allow any rational jury to find appellant guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

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