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Collier v. State

Any error in the trial court's jury charge on impeachment of a witness by his or her conviction on a drug offense was harmless in light of the jury instruction as a whole, which made plain that the jury is the sole judge of witness credibility.

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A jury found Lester Collier guilty of the malice murder of Ben Sullen, Jr. The trial court entered judgment of conviction on the guilty verdict and sentenced Collier to life imprisonment. A motion for new trial was denied, and Collier appeals. 1. Construed most strongly in support of the verdict, the evidence, including eyewitness testimony, shows that Collier threatened to defend himself by using a pipe against the victim. On the following day, Collier argued with the intoxicated victim in the street and struck him more than once with a metal pole or pipe as the victim started to walk away. Appellant fled, and a three or four-foot long, blood-stained pipe was found leaning against his mailbox. The victim died of blunt force trauma to the head and chest. The evidence was sufficient to authorize a rational trier of fact to find Collier guilty of malice murder beyond a reasonable doubt. Jackson v. Virginia , 443 U.307 99 SC 2781, 61 LE2d 560 1979; Walker v. State , 281 Ga. 521 1 640 SE2d 274 2007.

2. Collier contends that the trial court erred by excluding evidence of the victim’s propensity for violence when intoxicated and his reputation for carrying dangerous weapons.

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