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Hogsed v. State

The defendant fatally shot her unarmed husband in the chest.

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Appellant Diana Hogsed appeals her conviction for malice murder and possession of a firearm during a crime.1 On May 26, 2005, appellant Diane Hogsed had an argument with her husband outside their Barrow County home. Appellant went into the house, retrieved a gun from the bedroom, came back outside, waved the gun in her unarmed husband’s face, and shot him.2 Thereafter, she called 911 and told the operator she had shot her husband in the chest. When authorities arrived, appellant’s husband was dead. The medical examiner testified that appellant’s husband died of a single gunshot that pierced his lungs and heart. 1. The evidence adduced at trial and summarized above was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of murder and possession of a firearm during a crime. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

2. Appellant contends the trial court erred when it allowed the State to impeach appellant with documents that were obtained outside the scope of a valid warrant. We disagree. At a pre-trial motion to suppress proceeding, the State conceded that police officers’ search of appellant’s home was overly broad when, while executing a valid warrant, they removed a white-covered journal and a spiral-bound journal from appellant’s home. The State declared it would not use the two journals for its case-in-chief and the trial court agreed.3 After appellant took the stand in her own defense at trial, however, the trial court admitted appellant’s journals to allow the State to cross-examine her on matters she raised during her direct testimony.

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