McClure v. State

The trial court's error in admitting a photograph of the victim's body after his internal organs were removed for donation was harmless in light of the overwhelming evidence against the defendant.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Samuel McClure appeals his convictions for felony murder and aggravated assault.1 Having reviewed the record, we conclude the trial court abused its discretion by admitting into evidence a photograph of the victim’s corpse after internal organs had been removed for donation. In light of the overwhelming evidence of appellant’s guilt, however, we find this error to be harmless. Appellant’s remaining claims of error being without merit, we affirm. Construed most favorably to the verdicts, the evidence of record shows that appellant was riding in a car with Youngker and the victim, Walker. The victim had agreed to lend money to appellant. The threesome drove to an apartment complex where an acquaintance, Boaz, lived. Youngker exited the car and called Boaz on his cell phone, leaving appellant standing beside the car with the victim inside. Youngker then saw appellant shoot the victim in the head. Youngker began to run away and realized that appellant had shot him, too. Appellant caught up with Youngker, struck him and put a gun to his head, but it misfired. As Youngker ran off again, he was shot a second time. Appellant then left the scene and Youngker returned to the car and waited for police. The victim later died.

At trial, residents of the apartment complex testified that they heard both a gunshot and a voice demanding money. Boaz testified that while on the phone with Youngker, he heard scuffling, a loud noise and a demand for money. At trial, appellant claimed that Youngker had pointed a gun at him and tried to rob him. Appellant claimed that when he attempted to grab the gun, it fired accidentally, injured Youngker, and killed the victim.

McClure v. State

The trial court's error in admitting a photograph of the victim's body after his internal organs were removed for donation was harmless in light of the overwhelming evidence against the defendant.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report