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Smith v. State

The defendant shot the victim multiple times as the victim tried to gain entry to the defendant's room at an extended-stay motel through a window.

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Appellant Henry Smith was found guilty of felony murder and possession of a firearm during the commission of a felony arising out of the shooting death of Orlando Wright.1 Smith appeals from his convictions, and we affirm. 1. The evidence presented at trial authorized the jury to find that Smith resided in an extended-stay motel located in Savannah, Georgia. Smith and Wright were friends, and when Wright went to Smith’s motel room, he attempted to gain entry by climbing through the window. Smith fired multiple gunshots at Wright striking him five times in the torso. Wright died instantly. Smith disposed of the gun used in the shooting as well as a box of unused shells by dropping them into the bushes outside of the rear window of the motel room. After Smith’s arrest, the police located the weapon and also found spent shell casings on the floor. Expert testimony established that the physical evidence of the outward bend in the window frame, coupled with specific tearing in the curtains, demonstrated that the gun had been fired from inside the room. Smith’s hands tested positive for gunshot residue.

Viewed in the light most favorable to the verdict, we find the evidence was sufficient to find Smith guilty of felony murder and possession of a firearm by a convicted felon beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

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