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Moore v. State

The fact that the defendant and the victim were fighting before the defendant shot him did not negate the element of malice.

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A jury found Antonio Demond Moore guilty of the malice murder of Ernest McDaniel. He appeals, asserting, inter alia, ineffective assistance of counsel. However, the ineffectiveness claim is procedurally barred since it is being raised for the first time on appeal. Moore’s other claims are without merit. Accordingly, we affirm Moore’s conviction and sentence.1 Construed in the light most favorable to the jury’s verdict, the evidence shows the following: Moore was a passenger in the victim’s vehicle. While the vehicle was in motion, Moore and the victim got into an argument. The vehicle stopped and a fight ensued. Moore exited the vehicle and moved to the driver’s window where the fight continued. The victim threw a gun out of the window and onto the street; Moore retrieved it, turned, and shot the victim twice before fleeing the scene. Later, when interrogated by the police, he gave a statement and led police to the murder weapon.

1. The evidence was sufficient to authorize rational jurors to conclude beyond a reasonable doubt that Moore was guilty of malice murder. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. The element of malice was not negated simply because defendant and the victim were fighting when defendant fired the fatal shots. See Blair v. State , 245 Ga. 611, 614 266 SE2d 214 1980 whether killing is malicious is a question for the jury to be decided from all the facts and circumstances; Carson v. State , 80 Ga. 170, 173 5 SE 295 1887 malice is the motive present at the time of the killing.

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