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Morgan v. State

The trial court's error in charging that the jury could infer intent to kill from the use of a deadly weapon was harmless, given the overwhelming evidence of defendant's malice.

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A jury convicted Roytrevious Morgan of malice murder in the shooting death of Marcell Malcolm.1 Morgan raises several issues on appeal, none of which are meritorious. Accordingly, we affirm. The evidence at trial showed that Morgan and several friends drove from Stone Mountain to Walton County to recover his automobile rims from the victim. Morgan found the victim sitting in his car in the parking lot of an apartment complex, but only three of the four rims were on the victim’s car. The victim told Morgan that his car would not run, so the victim then got into the car with Morgan and Morgan’s friends and together they went searching for the person who had the fourth rim. They were unable to find the fourth rim, and when they returned to the parking lot, the victim’s car and the three rims were missing. Morgan and the victim got out of the car, and Morgan became increasingly angry. Morgan then shot the victim, but the victim ran away when Morgan’s gun jammed. Morgan got back in the car with his friends, and they started to leave. After spotting the victim, however, Morgan asked the driver to stop, got out of the car, and fired at the victim again. The victim died of a gunshot wound to the abdomen.

1. After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that any rational trier of fact could have found Morgan guilty beyond a reasonable doubt of the crime for which he was convicted.2

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