High v. State

The defendant killed the victim to test a gun that he had stolen in a burglary on the previous day.

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Alvin High was charged with burglary and murder. The State’s evidence showed that he and Dan Thomas burglarized a neighbor’s house and stole numerous items, including a pistol. The following day, High, accompanied by Thomas and two other friends, accosted and killed Lonneil Wade, who was a total stranger, for the sole purpose of testing the stolen weapon. The jury found High guilty of both crimes. The trial court imposed a sentence of life imprisonment for murder and a consecutive 20-year term for burglary, and High appeals. 1. High enumerates the general grounds. With regard to the burglary charge, Thomas testified that he and High broke into the neighbor’s house, that they stole the items and that High took the pistol. His testimony was corroborated by evidence that property taken in the theft was found in High’s bedroom. See Burdette v. State , 276 Ga. App. 695, 697 1 624 SE2d 253 2005; Bearden v. State , 275 Ga. App. 378, 379 1 620 SE2d 613 2005; Daniel v. State , 275 Ga. App. 70, 71 1 619 SE2d 770 2005. Moreover, ” ‘evidence of recent, unexplained possession of stolen goods may be sufficient to give rise to an inference that the defendant committed the burglary.’ Cit.” Davis v. State , 275 Ga. App. 714, 716 1 621 SE2d 818 2005. “ Once it is shown that goods were stolen in a burglary, absence of or unsatisfactory explanation of the possession of the goods will support a conviction for burglary based upon recent possession of the stolen goods. Whether a defendant’s explanation of possession is satisfactory is a question for the jury; so is lack of explanation.’ Cits. Berry v. State , 274 Ga. App. 366, 369 1 618 SE2d 72 2005.

With regard to the murder charge, High was identified as the shooter by all three of his friends who were present when the homicide occurred. The testimony of each corroborated that of the others, and was independently corroborated by evidence that the murder weapon was found under the mattress of High’s bed.

High v. State

The defendant killed the victim to test a gun that he had stolen in a burglary on the previous day.

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