Reid v. State

A jury found Travion Reid guilty of malice murder, two counts of felony murder, aggravated assault, criminal attempt to commit armed robbery and possession of a firearm during the commission of a felony. The trial court entered judgments of conviction and sentenced Reid to life imprisonment for malice murder and to five years imprisonment for the weapons charge, consecutive to the life sentence. The felony murder verdicts were vacated by operation of law. See Malcolm v. State , 263 Ga. 369, 372 4 434 SE2d 479 1993. The trial court merged the aggravated assault and attempted armed robbery verdicts into the malice murder conviction. Reid appeals after the denial of a motion for new trial. 1. Construed most strongly in support of the verdicts, the evidence shows that Reid killed Cheyenne Morgan by intentionally shooting him with a rifle during an attempted armed robbery. The evidence was sufficient for a rational trier of fact to find Reid 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.

2. Reid contends that the trial court erred in charging the jury that “when witnesses appear and testify, they are presumed to speak the truth unless impeached in some manner provided by law.” In Noggle v. State , 256 Ga. 383, 386 4 349 SE2d 175 1986, we recommended that trial courts discontinue giving such a presumption-of-truthfulness charge, as it “can be misleading and is of little positive value. . . .” However, we also have repeatedly “held that the use of such a charge is not unconstitutional and does not constitute reversible error. Cits.” Cit. Blackmon v. State , 272 Ga. 858, 860 3 536 SE2d 148 2000.