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Banks v. State

Eight post-incision autopsy photographs were admissible to show injuries under the victim's scalp and to his brain.

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Genous D. Banks appeals his convictions for malice murder and theft by taking a motor vehicle, in connection with the death of Johnny Jerome North. For the reasons that follow, we affirm.1 1. Banks asserts that the evidence was insufficient to support his convictions, contending that the State presented only circumstantial evidence that did not exclude all reasonable hypotheses except that of his guilt. See OCGA § 24-4-6. Questions as to the reasonableness of hypotheses are generally to be decided by the jury which heard the evidence and where the jury is authorized to find that the evidence, though circumstantial, was sufficient to exclude every reasonable hypothesis save that of guilt, that finding will not be disturbed unless the verdict of guilty is insupportable as a matter of law. Cit. Robbins v. State , 269 Ga. 500, 501 1 499 SE2d 323 1998.

Construed to support the verdicts, the evidence showed that Banks and North shared an apartment; North was adopting an infant who also lived there. However, North intended to move out of the apartment. At 5:27 p.m. on March 21, 2001, North was on the telephone with his friend, Craddock, and North said, “Genous is fixing to start some shit, I’ll call you back.” North did not call Craddock back, and, beginning at 6:15 p.m., Craddock telephoned North’s apartment several times prior to 7:00 p.m.; the line was always busy.

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