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Williams v. State

Defendant was not entitled to a mistrial based on a witness's emotional outburst where the witness was not hysterical and did not make any prejudicial comments.

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After a jury found Dewayne Williams guilty of felony murder during commission of armed robbery, he appeals from the judgment of conviction and life sentence entered by the trial court on the guilty verdict.1 1. A customer discovered the body of convenience store clerk Hassan Abubahari who had been killed during an apparent robbery attempt. The store’s surveillance videotape showed two robbers, one of whom shot the victim while the other jumped up onto the counter and stole cigarettes. The police received a tip leading to the arrest of Appellant and Darnell Rainey. When officers questioned Appellant, he admitted going to the store to rob it and being present when Rainey shot Mr. Abubahari. Construing the evidence most strongly in support of the jury’s verdict, it is sufficient to authorize a rational trier of fact to find proof of Appellant’s guilt of felony murder beyond a reasonable doubt. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; Tho Van Huynh v. State , 257 Ga. 375 359 SE2d 667 1987.

2. For identification purposes, the State showed the victim’s roommate a photograph taken of the victim’s body at the crime scene. She reacted emotionally, and the defense moved for a mistrial. Appellant enumerates the denial of that motion as error.

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