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Arnold v. State

The defendant failed to meet the requirements for admitting the murder victim's 1979 robbery conviction.

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Appellant David Arnold was convicted of felony murder and aggravated assault in connection with the stabbing death of Dale Fortson. Finding no error in the denial of Arnold’s motion for new trial,1 we affirm. 1. The evidence authorized the jury to find that Arnold and the victim were riding in the victim’s truck on the night of the crimes; they stopped on Nelms Drive in Atlanta and an altercation occurred. Arnold returned home and a 911 call was placed, reporting that Arnold had been stabbed. The emergency medical technician responding to the call found that Arnold had a superficial laceration on his chest that was not life-threatening; pursuant to protocol, Arnold was taken to the hospital. There, Arnold told the attending physician that the wound, which was less than one inch in length and no more than skin deep, was self-inflicted.

Police received a report that a body had been found in the street on Nelms Drive. There they found the victim, dead from multiple stab wounds to the torso and neck. When a cell phone discovered at the scene rang, a detective answered without revealing his identity. The woman calling indicated that she was looking for the phone; the detective arranged to meet her and return the phone in exchange for ten dollars. At the designated meeting place, police encountered Arnold’s girlfriend, who told them that Arnold was in the hospital and had asked her to locate his phone.

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