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Williams v. State

Defendant's conviction and sentence for aggravated assault merged with his malice murder conviction for fatally stabbing his girlfriend with a knife.

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Appellant Kelvin Mario Williams was convicted of malice murder and aggravated assault in connection with the homicide of Cynthia Young, his girlfriend, who was found dead in her Fulton County apartment on December 14, 1994.1 He appeals, contesting the sufficiency of the evidence and the content of a jury instruction. 1. The victim was found lying on her stomach, with the 4-inch blade of a knife embedded in her neck. Small incised wounds were on her forehead and neck, and pinpoint scratches that were described as defensive wounds were on her right hand. DNA testing of a bloodstain on appellant’s shoe revealed it to be the victim’s blood, and DNA testing of a bloodstain on appellant’s shirt revealed it to be a mixture of the victim’s and appellant’s blood. The victim’s niece testified the victim had told her she planned to pack appellant’s belongings and ask him to leave her apartment. Neighbors testified appellant went door-to-door attempting to sell household goods and children’s toys the evening before the victim’s body was discovered.

Appellant testified he took items from the victim’s home and, when the victim came toward him swinging something, he hit her in the head with an owl statue and she fell to the ground, dropping a knife. The two of them struggled for control of the knife, she dropped it, they both fell, and she did not get up. Appellant thought she was unconscious and left the apartment.

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