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Brown v. State

The verdict form did not cause the jury actual confusion.

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Richard Nelson Brown appeals his convictions for malice murder, aggravated assault, two counts of burglary, and possession of a firearm during the commission of a crime, all in connection with the death of Kenneth H. Crook. For the reasons that follow, we affirm.1 Construed to support the verdicts, the evidence showed that Crook operated a family-owned tire store located four miles from his home; a grocery store, a convenience store, and a loan office owned by his family were near the tire store. Brown was a former employee of the tire store.

A friend went to Crook’s home at 8:55 p.m.; Crook’s vehicle was parked there, but he did not respond to repeated attempts to get him to answer the door. The friend left, returned at 10:30 p.m., and found the back door to Crook’s home open; it had not been open on her earlier visit. She entered and discovered Crook’s body in the bedroom. He had been struck twice in the head with a pistol, strangled with a thin ligature, and suffered two gunshots to the front of the head; one of the bullet wounds was the fatal wound. Blood impact stains and smears were on the wall, and next to the body was the bloody imprint of a shoe with a distinctive tread design. There were bindings around Crook’s wrists and arms, and pornographic pictures of women were scattered near the body; two spent cartridges from a .380 caliber pistol were also near. Crook’s wallet and keys were missing.

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