Davenport v. State

The trial court's slip-of-the-tongue during one pattern charge did not amount to reversible error, given the charge as a whole and the fact that the entire written charge went out with the jury.

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After a jury trial, Joshua Davenport was found guilty of the malice murder of Steven Tanks, aggravated assault on Jamil Tanks, and possession of a firearm during the commission of a felony. The trial court entered judgments of conviction on those verdicts and sentenced Davenport to life imprisonment for murder and consecutive terms of years for the other two counts. Appellant filed a motion for new trial, which was denied, and he appeals. 1. When construed most strongly in support of the guilty verdicts, the evidence shows the following: Davenport’s friend Byron Stanford was in his vehicle, which was parked at a restaurant, when Steven and Jamil Tanks, who were brothers, entered the vehicle to purchase drugs and instead robbed Stanford at gunpoint. Davenport was in the vicinity, retrieved a rifle from his nearby vehicle, and fired at the brothers as they were running away. Steven Tanks was struck in his back and thigh by the gunfire, and died from his wounds. This evidence was sufficient to authorize a rational trier of fact to find Davenport guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia , 443 U.307 99 SC 2781, 61 LE2d 560 1979; Woolfolk v. State , 282 Ga. 139 1 644 SE2d 828 2007; Roper v. State , 281 Ga. 878, 879 1 644 SE2d 120 2007.

2. Davenport contends that the trial court erred in admitting the testimony of the victims’ mother. The only objection raised at trial was that this testimony was irrelevant and inflammatory. That objection ” ‘is “ entirely too vague and general to present any question for determination by the trial court, and the overruling of this objection did not constitute reversible error. Cits.” Cit.’ Cit.” Willis v. State , 263 Ga. 70, 71 2 428 SE2d 338 1993. See also Williams v. State , 207 Ga. App. 408 427 SE2d 869 1993.

Davenport v. State

The trial court's slip-of-the-tongue during one pattern charge did not amount to reversible error, given the charge as a whole and the fact that the entire written charge went out with the jury.

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