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Lowe v. State

The defendant was not entitled to a grant of her motion in arrest of judgment where she could not admit the facts alleged in her felony murder indictment and still be innocent.

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After a jury found Cora Mae Lowe guilty of felony murder during commission of aggravated battery, the trial court sentenced her to life imprisonment. She filed a consolidated motion in arrest of judgment and for new trial, which the trial court denied, and she brings this appeal from the denial of that motion.1 1. When construed most strongly in support of the verdict, the evidence shows the following: Ms. Lowe and W.C. Hall shared a home, and they had a volatile relationship. After a neighbor called the police to report a disturbance, Ms. Lowe was seen walking toward her residence while in possession of a gas can. From the manner in which she was carrying the can, it appeared to be heavy, and therefore, not empty. Later, passersby saw Mr.Hall outside the house. He was in flames, and they attempted to give him assistance. Although Ms. Lowe was sitting on the porch, she refused several requests to provide a blanket to smother the flames. Mr. Hall suffered third-degree burns over 90 of his body, and died shortly afterwards. Arson investigators discovered a gas can on the premises. Expert opinion testimony indicated that a flammable agent was poured directly on the victim and then ignited.

The evidence was sufficient to authorize a rational trier of fact to find Ms. Lowe guilty beyond a reasonable doubt of causing Mr. Hall’s death while committing aggravated battery against him. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; Farley v. State , 265 Ga. 622 1 458 SE2d 643 1995.

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