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Brite v. State

Similar transaction evidence of an unindicted murder was admissible to show the defendant's bent of mind, since both crimes involved "grudge" killings and the defendant shot both victims at point blank range in the head with a handgun after luring them to the murder scene.

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Brion Edwin Brite was convicted of malice murder and other charges arising out of the shooting death of Vasquez Harden and the aggravated assault of Jamar Jackson. He appeals from the denial of his motion for new trial1 challenging the sufficiency of the evidence and the admission of similar transaction evidence and hearsay evidence regarding that similar transaction. Finding no reversible error, we affirm. 1. The evidence authorized the jury to find that motivated by a prior disagreement, Brite sought out the victim, Vasquez Harden, by inquiring for him first at Harden’s home and later locating him at a nearby residence, where Harden told Brite to drop the argument. After Harden returned home, Brite followed and asked Harden’s friend, Jackson, to go inside and get the victim so they could talk. Jackson complied. The victim followed Jackson outside and as Jackson was walking away, Brite shot Harden at close range in the eye and on the forehead below the hairline, killing him. Brite also fired several shots at Jackson as he fled. Jackson identified Brite as the shooter from a photographic lineup.

This evidence was sufficient to authorize a rational trier of fact to find Brite guilty of the charged crimes beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

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