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Armstrong v. State

Neither the trial court, nor the verdict form required the jury to reach a unanimous verdict on the murder charge before considering the lesser offense of involuntary manslaughter.

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A jury convicted Larry Armstrong of malice murder in connection with the beating death of Albert Davis.1 Armstrong appeals, contending that the trial court erred in its jury instructions and in admitting evidence of prior difficulties. Because the record shows the trial court’s instructions and rulings were not error, we affirm. 1. The evidence at trial showed that Armstrong and Davis had known each other, but that their relationship had become strained. On December 17, 1999, Armstrong and Rodney Williams approached Davis’ house and asked for a drink of water. Davis opened the door wide enough to hand a cup of water to Armstrong. When Armstrong returned the cup, Davis rubbed Armstrong’s face. Williams became enraged, pushed the door open, and began beating Davis. Armstrong also began punching Davis, hit him with a beer bottle, and kicked him while he lay on the ground. Davis died of blunt force trauma shortly after Armstrong and Williams left.

After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that any rational trier of fact could have found Armstrong guilty beyond a reasonable doubt of the crime for which he was convicted.2

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