Stinchcomb v. State

The jury was authorized to find the defendant guilty of the felony murder of the victim as a party to the crime, even though his codefendant fired the fatal shot, since both defendants were firing at the victim simultaneously from the same window.

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Following his conviction by a jury for felony murder and aggravated assault,1 Mario Stinchcomb appeals, contending among other things that the evidence was insufficient to support the verdict. For the reasons set forth below, we affirm. 1. Viewed in the light most favorable to the verdict, the record shows that Jakesha Young was working as a prostitute in Fulton County. On November 6, 2002, she was called to a second-floor apartment by Stinchcomb. Michael Woolfolk,2 Max Stevens, and Randy Harris were also at the apartment. Shortly after Young arrived, she and Stinchcomb began to argue over the value of her services. Thereafter, Stinchcomb refused Young’s request for money, and instructed her to leave. Angered, Young left the apartment and retrieved a gun from her car3 as Stinchcomb and Harris watched from the outside stairwell. Young then fired a shot in the air above the onlookers’ heads. At that moment, Stinchcomb ran back to the upstairs apartment to get his gun. During this time, Young got into her car and began to drive away. When Stinchcomb reentered the apartment, he and Woolfolk began firing their guns at Young from the window. Woolfolk fired once before his gun jammed, and Stinchcomb fired three times. A bullet from Woolfolk’s gun hit Young in the head and killed her while she was seated inside the car.

This evidence was sufficient to support the jury’s verdict against Stinchcomb for felony murder and aggravated assault, and, as such, the trial court did not err by denying Stinchcomb’s motion for a directed verdict of acquittal. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979. See also Davis v. State , 261 Ga. 255 1 403 SE2d 813 1991.

Stinchcomb v. State

The jury was authorized to find the defendant guilty of the felony murder of the victim as a party to the crime, even though his codefendant fired the fatal shot, since both defendants were firing at the victim simultaneously from the same window.

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