Mitchell v. State

A witness's gratuitous testimony linking the murder weapon to another murder scene did not put defendant's character at issue, given the unrefuted evidence that defendant did not possess the murder weapon until the night of the victim's murder.

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Idris Antwjuan Mitchell brings this appeal from his conviction for malice murder, two counts of aggravated assault with intent to rob, two counts of aggravated assault with a deadly weapon, two counts of possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon.1

1. The evidence at trial established that Mitchell and co-defendant Johnson planned to rob a bootlegger, but when they arrived at the bootlegger’s apartment complex, he was not there, so they decided to rob a taxi they saw leaving. At Johnson’s direction, the driver of their car blocked the taxi. Johnson got into the backseat with the passenger and held a 9mm pistol to his head while Mitchell pointed a .357 revolver at the taxi driver. Confusion arose and Mitchell fired two shots, one of which killed the taxi driver, then returned to the car in which he arrived, firing twice more at the passenger in the taxi. Mitchell and Johnson then left in the car in which they arrived. Both guns were thrown from the car just outside the apartment complex and were recovered by the police. Parts of three bullets found at the scene were identified as coming from the .357 revolver, which had four shell casings in it when recovered. After the jury returned its verdict on the other counts, the State presented evidence of Mitchell’s previous conviction for the felony of entering an automobile, and the jury found him guilty of possession of a firearm by a convicted felon.

Mitchell v. State

A witness's gratuitous testimony linking the murder weapon to another murder scene did not put defendant's character at issue, given the unrefuted evidence that defendant did not possess the murder weapon until the night of the victim's murder.

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