Walker v. State

The trial court's error in charging that the jury could infer intent to kill from the use of a deadly weapon did not require reversal, given the overwhelming evidence of malice.

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Edward Bernard Walker appeals the trial court’s denial of his motion for new trial following his conviction for voluntary manslaughter, possession of a firearm during the commission of a crime and possession of a firearm by a convicted felon. Walker’s sole argument on appeal is that the trial court erred in instructing the jury that it could infer the intent to kill from his use of a deadly weapon. Because we find no ground for reversal under the facts of this case, we affirm. Construed in favor of the verdict, the evidence at trial showed that Wayne Brown visited Walker on the morning of November 29, 1997. Walker showed Brown where someone had kicked his back door in and told Brown that he was “tired of people doing him wrong.” He twice told Brown that he was “fixing to take care of business.” As Brown prepared to leave, Walker got ready to go with him, putting a gun in his pocket and saying that he was going “to take care of business.”

As the two walked down the street, Walker asked the people they encountered whether they knew where Alexander Martin was. Alexander Foster testified that a short time before the shooting, he heard Walker say, “I’m going to get him” as he walked by Foster’s window. When Walker and Brown later came upon Martin on the street, Walker approached him asking “why did you do such . . . a thing” Then Walker pulled out the gun and began shooting. The first shot landed at Martin’s feet, and he turned away, saying, “Please don’t shoot me.” The second shot hit Martin in the ear, entering his brain through the ear canal. After the shooting, Walker turned to Brown and said, “Now he’s dead.” Afterwards, Walker threw the gun in the sewer, and “was just walking around and stuff like ain’t nothing happened.” It is undisputed that Martin had no weapon and posed no threat to Walker at the time of the shooting. Martin died 57 days later.

Walker v. State

The trial court's error in charging that the jury could infer intent to kill from the use of a deadly weapon did not require reversal, given the overwhelming evidence of malice.

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