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Nix v. State

The defendant's felony murder conviction and sentence merged into his malice murder conviction and sentence, since the crimes involved a single victim.

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Appellant James Nix was convicted of malice murder, felony murder, and two counts of aggravated assault arising out of the fatal shooting of Bruce Neave.1 He appeals, and for the reasons that follow, we affirm in part and vacate in part. 1. The evidence authorized the jury to find that on the day of the crimes appellant, Bruce Neave, and Tracy Neave were working together on a construction job. Bruce Neave received $100 cash and a $100 check as payment for the work. He gave appellant $20. The three then drove to a gas station so Bruce could cash the $100 check. After cashing the check, Bruce gave appellant another $20. Appellant believed the $40 he received was unfair, and he and Bruce began arguing. The group drove to appellant’s parents’ home, and appellant went inside. Once inside, appellant told his father, Hubert Nix, to get a gun and run off the Neaves. Hubert Nix went outside, pointed a gun at Bruce and Tracy Neave, and told them to leave. At the same time, appellant picked up a shotgun, went outside, and fatally shot Bruce Neave.

When construed most strongly in support of the verdicts, the evidence is sufficient to authorize a rational trier of fact to find proof beyond a reasonable doubt that appellant directly committed the murder and aggravated assault of Bruce Neave and that he was guilty as a party to the aggravated assault of Tracy Neave. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979. See Eckman v. State , 274 Ga. 63 1 548 SE2d 310 2001.

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