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Griffin v. State

O.C.G.A. § 16-5-40 does not preclude a conviction for kidnapping with bodily injury if the bodily injury occurs after the victim's death.

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The appellant, Michael Griffin, appeals from convictions in the Superior Court of Thomas County for malice murder and kidnapping with bodily injury stemming from the death of Jenny Rhames.1 On appeal, Griffin, contends, among other things, that the evidence is insufficient to support his convictions, that the trial court erred in denying his motion for change of venue, and that the trial court erred in denying his motion to dismiss for lack of a speedy trial. Finding no merit to Griffin’s contentions, we affirm his convictions. 1. The victim and Griffin shared a home together in Thomasville, Georgia, for a number of years, during which time they had two children. The couple eventually separated, and in April 1991, the victim moved into her own trailer in Thomasville. Meanwhile, Griffin had begun dating a woman who lived in McIntosh County, Georgia, about 170 miles from Thomasville.

The State introduced evidence that on Saturday, June 29, 1991, Griffin drove to McIntosh County with his two children and with the victim’s 14-year-old sister. At that time, Griffin was taking care of his two children, with the help of the victim’s sister, because the victim was going to Florida that same day to take care of another sister who had been seriously injured in an automobile accident on June 18, 1991. When Griffin arrived in McIntosh County, he stayed at his girlfriend’s house. On Monday, July 1, Griffin left his children and the victim’s 14-year-old sister with his girlfriend in McIntosh County, and returned to Thomasville. The victim’s mother, who was in Florida with the victim and the victim’s injured sister, testified that the victim returned to Thomasville, Georgia, on Sunday, June 30, but that she was planning to return to Florida after work on July 2.

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