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Henry v. State

The state proved venue in Fulton county through the officers' testimony that the victim was shot in an area located in that county.

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John Henry was convicted of malice murder, felony murder two counts, aggravated assault, possession of a firearm during the commission of a crime and possession of a firearm by a convicted felon in the shooting death of his girlfriend, Charlenthia Hornsby. He appeals from the denial of his amended motion for a new trial.1 Finding no error, we affirm. 1. The jury was authorized to find that appellant and the victim, Charlenthia Hornsby had a tempestuous relationship. One month before the shooting the police arrested appellant for hitting Hornsby in the face. A few days before her death, Hornsby sought assistance from the police to resolve a conflict with appellant over retrieving her personal belonging. On the day of the murder, appellant was given information that Hornsby was sitting in her car in the driveway of her residence. According to eyewitness testimony, appellant approached the vehicle and asked Hornsby to open the car window. She refused and appellant pulled out a handgun and fired shots through the driver door window. At one point during the shooting appellant paused and walked away from the car to adjust a malfunction with his gun. He returned to the car and resumed firing at Hornsby who was unable to escape. Expert testimony established that Hornsby died of severe multiple gunshot wounds to her torso. Although appellant contended that he shot Hornsby in self-defense after she fired at him, there was no evidence that Hornsby had a gun or that she fired a weapon at appellant.

The evidence adduced was sufficient to enable a rationale 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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