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Jones v. State

Any error in the charge on eyewitness level of certainty was harmless, since the eyewitnesses knew the defendant before the murder.

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Defendant Henry Lee Jones was convicted of malice murder and weapons possession charges in connection with the shooting death of Pierre Delahousasaye.1 We find no harmful error and affirm. Viewing the evidence in a light favorable to the verdict, we find the following: Jones and the victim lived in the same rooming house. Jones often intimidated the victim and demanded money from him. On the night of the crimes, Jones sent the victim to buy crack cocaine. The victim returned to the rooming house empty handed, claiming he threw the drugs away when he was approached by police. Jones became very angry, argued with the victim, and shot him in the eye. Jones then dragged the victim outside and fled. When emergency personnel and the police arrived, the victim was uncooperative and would not say who shot him. Later, in the emergency room, the victim was asked more than 20 times who shot him. With one exception, the victim did not provide an answer; but one time, he said that “Steve” shot him accidentally. The victim died from his wound within a week.

1. The evidence is sufficient to enable any rational trier of fact to find Jones guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

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