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Dyers v. State

Evidence of the defendant's illegal drug use was admissible, even though it put his character at issue.

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Curtis Dyers was indicted on May 12, 1998 for the malice murder, felony murder and aggravated assault of Troy Spann. He was convicted on all counts on December 1, 1998 and sentenced to life imprisonment.1 He appeals and we affirm. On the day in question appellant and the victim engaged in an argument about “five dollars” or “money,” their euphemistic reference to cocaine. Later that evening, an eyewitness observed appellant kick and hit the victim with a pipe or a stick and repeatedly state that he wanted his “money.” After the beating ceased, the victim and appellant left the scene together. A neighbor went to the victim’s home and when he saw that the victim had been injured he left to retrieve the victim’s sister. When they both returned, appellant was at the home holding a pipe and the victim was in another room spitting blood and complaining that his head was hurting. The sister flagged down a police officer as appellant tried to leave. Although the officer initially placed appellant in his patrol car, he let appellant leave after the victim told the officer he would not press charges or go to the hospital. The victim died two days later from injuries sustained in the beating.

1. Appellant contends that the evidence was insufficient to convict him of the homicide because the victim refused immediate medical treatment. We reject this contention as the evidence was sufficient to authorize the jury to find that the victim’s death was caused by injuries inflicted upon him during the attack. Accord State v. Cross , 260 Ga. 845 2 401 SE2d 510 1991; Durden v. State , 250 Ga. 325 5 297 SE2d 237 1982. Having also considered the evidence in a light most favorable to the verdict, we conclude that the evidence was sufficient to enable a rational trier of fact to find appellant guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

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