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Price v. State

Even if the trial court initially gave an improper sequential charge on voluntary manslaughter, the defendant was not entitled to reversal, because the record showed that the jury considered, but ultimately rejected the lesser offense.

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Willie Lee Price appeals his conviction for felony murder while in the commission of aggravated assault and the denial of his motion for new trial in connection with the fatal stabbing of Antonio Rush. He challenges the authority of the trial judge to preside over his trial; the sufficiency of the evidence of his guilt; the validity of his decision not to testify; certain charges to the jury; and the effectiveness of his trial counsel. Finding such challenges to be without merit, we affirm.1 Around 11:30 p.m. on January 12, 2003, Officer Demeester of the Atlanta Police Department saw Antonio Rush walking down the street near the intersection of Bankhead Highway and Bolton Road, and nothing appeared to be wrong. Approximately five minutes later, Demeester found Rush lying face down and motionless in front of the boarding house where Willie Lee Price “Price” lived. Rush had been stabbed to death. There was not much blood on the ground, and there was no blood trail.

Between 11:00 and 11:45 p.m. that night, Price showed up at the apartment of his friends, Regina Walker and Donald Price. Price related that he “had got into it” with Rush, and that he “was just tired of people messing with him,” and “taking from him.” Price indicated that he was upset because Rush had tried to take a beer from him. Price did not say that he was trying to defend himself or that Rush had attacked him.

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