Williams v. State

The trial court did not err in charging that "if there is an interval of time between the provocation and the killing, the killing can be considered revenge and punished as murder," since the evidence authorized the recharge and it accurately stated the law.

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Appellant Johnny Mack Williams was indicted for malice murder, felony murder, aggravated assault, and possession of a knife during the commission of a felony, all in connection with the stabbing death of Randy Marshall.1 The jury found appellant not guilty of malice murder but determined he was guilty of the remaining charges. He appeals from the denial of his amended motion for new trial. Finding no error we affirm the conviction, but remand on the issue of the effectiveness of his trial counsel. 1. A jury was authorized to find the victim and his wife, Charlotte Marshall, were a homeless couple who spent most of their time at the convenience store where the crimes took place. Appellant’s companion, Henry Green, testified that on December 14, 2002, he drove appellant to the convenience store to purchase beer. Charlotte was sitting on the curb in front of the store, and her husband was standing nearby when appellant arrived. Appellant remarked, “hey, baby,” to Charlotte as he entered the store. The victim confronted appellant about the comment when appellant exited. Appellant placed his purchase on the front seat of Green’s car and then walked to the back of the car where the victim was standing. Witnesses testified they saw appellant fight with the victim, observed the victim fall and thereafter noticed appellant fold up a knife and place it in his pocket as he calmly walked back to Green’s vehicle and sat down in the passenger seat. Later, appellant stated to police detectives, “Yeah, I stabbed him. I hope he . . . dies. He shouldn’t have been messing with me.” The victim died a few days later from a stab wound that perforated his heart.

We find this evidence sufficient to authorize a rational trier of fact to find appellant guilty of felony murder, aggravated assault, and possession of a knife during the commission of a felony beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE 2d 560 1979.

Williams v. State

The trial court did not err in charging that "if there is an interval of time between the provocation and the killing, the killing can be considered revenge and punished as murder," since the evidence authorized the recharge and it accurately stated the law.

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