Otis Lee Weldon appeals his convictions for malice murder, armed robbery, concealing the death of another, and possession of a firearm by a convicted felon.1 His only contention on appeal is that the evidence was not sufficient to support the convictions. Viewed in a light to uphold the verdict, as we are bound to do Everritt v. State , 277 Ga. 457 588 SE2d 691 2003, the evidence adduced by the State established the following as fact. The victim, Edward Jackson Rouse, went to a “drug house” to trade a handgun for methamphetamine. When he showed the weapon to one of the drug dealers, the dealer took it, loaded it, and pointed it at the victim. Rouse was forced to kneel and was beaten by several men who demanded money. Weldon, who was present to sell marijuana, picked up a shotgun and, when Rouse stood up, shot Rouse in the chest. Everyone fled, but Weldon returned with companions that night and took the body away and left it elsewhere. Weldon testified at trial that he was present and was playing a video game when Rouse tried first to trade the handgun for drugs, then took it back and attempted to rob the drug dealers. He claimed he picked up a shotgun he kept there for personal defense and when Rouse pointed the weapon at him, shot him. Weldon admitted possession of the shotgun, a prior felony conviction, and concealment of Rouse’s body, but denied involvement in robbing Rouse and insisted he shot Rouse in self defense.
Evidence that Weldon fatally shot Rouse with a shotgun while Rouse knelt unarmed established the offense of malice murder. Myers v. State , 275 Ga. 709 1 572 SE2d 606 2002. Although Rouse’s firearm, the object named in the indictment as the object of the armed robbery count, went into another’s hands with Rouse’s consent, the threatened use of that firearm and the fatal use of Weldon’s shotgun completed the taking required to convict of armed robbery. Grant v. State , 125 Ga. 259 54 SE 191 19062 ; Dutton v. State , 199 Ga. App. 750 406 SE2d 85 1991; Cantrell v. State , 184 Ga. App. 384 1 361 SE2d 689 1987. Compare Hicks v. State , 232 Ga. 393, 403 207 SE2d 30 1974, where the taking was completed when Hicks stole from the sleeping victim’s billfold and the use of an offensive weapon came only later in the series of crimes Hicks committed. Evidence that Weldon pointed the shotgun at Rouse during the robbery established his guilt as a party to armed robbery. Tesfaye v. State , 275 Ga. 439 1 569 SE2d 849 2002; Eckman v. State , 274 Ga. 63 1 548 SE2d 310 2001. Evidence that Weldon possessed a shotgun, coupled with the admission of evidence of his prior conviction of a felony, established his guilt of possession of a firearm by a convicted felon Porter v. State , 278 Ga. 694 1 606 SE2d 240 2004, and Weldon’s testimony and that of others that he removed Rouse’s body from the scene established his guilt of the offense of concealing the death of another. Mitchell v. State , 274 Ga. 768 1 560 SE2d 8 2002. The evidence was sufficient to authorize a rational trier of fact to find Weldon guilty beyond a reasonable doubt of the offenses for which he was sentenced. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979. Weldon’s complaints on appeal regarding felony murder need not be addressed since the convictions on those counts were vacated by operation of law.
