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Walker v. State

The victim's daughter testified that she found her mother bleeding on the floor, after hearing a sound like a firecracker coming from her mother's room, where the defendant and her mother were.

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Elbert Sip Walker was convicted of malice murder and other crimes arising out of the shooting death of his girlfriend, Daishia Ward. He raises three issues in this appeal. For the reasons that follow, we affirm.1 1. The evidence at trial, viewed in the light most favorable to the verdict, showed the following.

On May 3, 2004, Walker, the victim, and the victim’s ten-year-old daughter went to the victim’s house. That afternoon, while the daughter was washing dishes in the kitchen, she saw Walker enter her mother’s bedroom. The daughter saw Walker shut the door, and she then heard a loud noise that sounded like a firecracker coming from the room. Walker left the bedroom, and the daughter asked Walker about the noise. Walker replied that it was caused by a firecracker. The daughter asked Walker where her mother was, and he said that she was in her room “gossiping.” Walker told the daughter that he was going to the store, and the daughter asked to go with him. The daughter went to her room to get her shoes, and when she came back, Walker was gone, as was her mother’s car. The daughter knocked on her mother’s door, but there was no response. She opened the door and found her mother bleeding on the floor, and then went to the home of a neighbor, who called 911.

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