Powell v. State

The evidence did not support the defendant's conviction for aggravated battery, because no evidence showed that the victim was alive when the defendant poured muriatic acid on her face and head.

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Appellant Rickey Powell appeals the judgment of conviction entered against him on a number of crimes committed in connection with the murder of Herta Bailey in Muscogee County.1 On appeal Powell challenges only the sufficiency of the evidence presented against him. On September 30, 2009, police received a report from Herta Bailey’s family that Mrs. Bailey and her car were missing. That same day, suspicious activity was noted on one of the missing woman’s credit cards when it was used to pay the outstanding utility and cable bills of appellant. Mrs. Bailey leased a house on Pine Needle Drive in Columbus to appellant and had sent him several notices to vacate the premises. Mrs. Bailey’s missing credit card was found in appellant’s wallet when appellant was arrested on September 30 for the fraudulent use of the credit card. As police were transporting him to police headquarters following his arrest, appellant directed them to the site of Mrs. Bailey’s missing car, and her body was found in the car’s trunk. The parties stipulated that the forensic pathologist who performed the autopsy determined the cause of death to be manual strangulation. The victim’s head and face were disfigured by muriatic acid having been poured on her.

The victim’s handwritten appointment book listed an appointment with appellant on the evening of September 29, and the victim’s personal trainer testified the victim told him she had an appointment at her office at 6 p.m. on September 29 with a troublesome tenant who rented a house on Pine Needle Drive. The victim’s employer testified he last saw her at their offices at 6 p.m. September 29. A neighbor of appellant on Pine Needle Drive testified that he was familiar with the victim’s car and that appellant was driving Mrs. Bailey’s car when the witness spoke to him at 8:15 p.m. on September 29.

Powell v. State

The evidence did not support the defendant's conviction for aggravated battery, because no evidence showed that the victim was alive when the defendant poured muriatic acid on her face and head.

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