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Linzy v. State

The defendant fatally beat the victim with a piece of wood, continuing to strike the victim after the victim fell to the ground.

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Herbert Linzy appeals his conviction for voluntary manslaughter, challenging the sufficiency of the evidence. We find that the evidence was sufficient and affirm. In reviewing the sufficiency of the evidence supporting a criminal conviction, “we view the evidence in a light most favorable to the verdict, and the defendant no longer enjoys a presumption of innocence.”1 We neither weigh the evidence nor evaluate the credibility of witnesses.2 Our inquiry is “whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”3

On August 7, 2004, police were called to an altercation at a vacant lot in Bainbridge where people often gathered to drink and play cards. Linzy and several other people had been there most of the day. Linzy and Tyrone Davis, who were both intoxicated, got into an argument over three dollars that Davis claimed Linzy owed to him. Jerome Sasser entered the argument and hit Linzy with a walking cane. Linzy and Davis resolved their dispute and left the area briefly. When they returned, Linzy approached a card game in which Sasser was participating; Sasser stood up and cut Linzy on the face with a razor. Linzy then began beating Sasser with a piece of wood. After Linzy struck Sasser several times, Bernard Slappey separated the two men. Linzy told Slappey: “Move out of the way, I want to kill him.”

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