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Clark v. State

The defendant admitted speeding under the influence of illegal drugs and keeping his finger on the trigger of a loaded and cocked sawed-off shotgun while turning in the driver's seat so that the barrel of the gun made contact with the victim's neck.

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Appellant Stanley Ryan Clark was convicted of malice murder, false imprisonment, and various other offenses in connection with the fatal shooting of James Randall Roe.1 Clark appeals from the denial of his motion for new trial, challenging the jury instructions on aggravated assault and venue, and asserting that the evidence was constitutionally insufficient to support the verdicts. Finding no error, we affirm. Just after midnight on the day of the shooting, Clark and Roe left Clark’s home in a vehicle belonging to Clark’s mother, in search of illegal drugs. At about 1:00 a.m., Clark drove to a friend’s apartment; Clark was holding a sawed-off shotgun directed at Roe, and Clark informed his friend, “that they finally caught this guy that snitched out Melanie.” For the next hour, they remained at the friend’s apartment while Clark continued to hold Roe at gunpoint. When his friend could not convince Clark to release Roe, they were asked to leave and Clark drove away with Roe in the front passenger seat.

Roe’s body was discovered in the early morning hours in the front passenger seat of the same car. He had sustained a large gunshot wound at contact range across the front of the neck, which extended from left to right, and which resulted in death due to blood loss. A sawed-off shotgun belonging to Clark was retrieved from the back floorboard, along with numerous shotgun pellets.

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