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Hayes v. State

The defendant was not entitled to a charge on character or prior conduct in the absence of a written request.

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A Fulton County jury convicted Michael Hayes of felony murder, aggravated assault, and possession of a firearm in the commission of a felony in connection with the shooting death of Dejuan McCrary.1 On appeal, Hayes contends that the trial court failed to properly instruct the jury regarding the relationship between felony murder and voluntary manslaughter, in accordance with this Court’s decision in Edge v. State .2 Because the trial court’s instructions to the jury were not improper, we affirm. 1. The evidence presented at trial showed that Hayes and Dejuan McCrary, the victim, had a history of violent altercations. Two months prior to the shooting, for example, McCrary allegedly beat Hayes with a pistol, requiring Hayes to obtain numerous stitches above his right eye. Witnesses testified that Hayes had vowed to get revenge against McCrary for the attack.

In the late night hours of August 22, 2002, Hayes saw McCrary on the street while Hayes was driving near the Grady Homes housing project. Hayes got out of the car, approached McCrary, and shot him. Witnesses testified that after Hayes returned to his car, he ran back towards the victim and shot him again. When Hayes got back to his car to flee the area, he told his companions that he “should have killed McCrary.” McCrary died later in the hospital.

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