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Graham v. State

Evidence of specific acts of violence committed by the victim against third parties as inadmissible because defendant failed to establish a prima facie case of justification.

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Appellant Alexander Graham III was found guilty of and sentenced for the malice murder of Derek Folston and for possession of a firearm during the commission of a crime.1 After reviewing the record and transcript in light of appellant’s enumeration of errors, we affirm the judgment of conviction entered against him.

1. The State presented evidence that the victim was shot in the thigh from more than 2-3 feet away and suffered a fatal bullet wound to his stomach when the gun was fired with its muzzle in contact with his clothing. A companion with the victim testified that the car in which he and the victim were driving suffered mechanical failure near midnight and the victim had steered it into a closed gas station, raised the hood, and was working on the engine when the witness heard shots fired and the victim scream. The witness saw the victim and a man he identified as appellant wrestling for possession of a gun, heard two more shots, and saw the victim fall to the ground. Appellant then drove away from the scene. The victim’s sister testified that appellant had driven by the Folston home six months earlier and had fired shots at the occupied house. According to the victim’s sister, two days after that incident, appellant had accosted the witness and her brother, pointed a gun at them, and threatened to kill them.

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