Maisha Mahalia Durham was convicted of felony murder, aggravated assault and possession of a firearm during the commission of a felony, all arising out of the shooting death of her husband, Derrick Mathis. She was sentenced to life imprisonment for the murder and five years on the possession charge. She appeals from the denial of her motion for new trial.1 Finding no error, we affirm. 1. The jury was authorized to find that appellant, angered when the victim failed to return home the night before, persuaded Bahiya Johnson to drive her around in search of the victim. When their initial efforts failed, appellant had Johnson drive her home where appellant retrieved the victim’s .22 caliber revolver. They then renewed their search and finally located the victim, at which time appellant accused him of spending the night with another woman. The victim claimed he had spent the night at his uncle’s home and agreed to accompany appellant there so his uncle could confirm his story. During the trip appellant pulled out the revolver and pointed it at him. Their fight over the weapon continued when they arrived. Johnson testified that appellant told the victim that she was going to shoot him with the revolver, then proceeded to do so; she also testified that the victim did not threaten appellant or call her names and never admitted cheating on appellant. Eyewitnesses testified that appellant shot the victim in the stomach, argued with him some more, and then shot him again in the hip. After the second shot Johnson and appellant loaded the victim in the car. Appellant persisted in her efforts to get the victim to admit cheating on her as Johnson drove them to the hospital. En route, appellant wiped down the revolver and threw it out of the car, where it was recovered by a passerby who turned it over to the police. The victim subsequently died from his wounds, which expert testimony established had been inflicted by the recovered weapon.
At trial defense witnesses testified about the volatile relationship between appellant and the victim, injuries they observed on her body, police complaints and hospital visits she had made in which she asserted that the victim had hit her, and expert testimony that appellant suffered from battered person syndrome. Appellant testified that she had decided to leave the victim because he abused her; that she had the revolver with her in order to return it to him; that the victim told her he had slept with another woman and that he would kill her and her unborn child; and that he was shot while they struggled over the weapon.
