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Williams v. State

Defendant waived objection on appeal to the pre-trial photographic line-up because he failed to object to the in-court identifications.

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After a jury trial, Courtney Williams was found guilty of felony murder, armed robbery, and aggravated assault. Merging the armed robbery and aggravated assault counts into the felony murder count, the trial court entered judgment of conviction and sentenced Williams to life imprisonment. A motion for new trial was denied, and he appeals.1 His co-indictee, Kenyama Smith, was tried separately and also convicted of felony murder, and this Court affirmed that conviction. Smith v. State, 273 Ga. 356 541 SE2d 362 2001.

1. Construed in support of the verdict, the evidence shows that Michelle Russell drove the victim to an apartment to buy drugs. Smith and Appellant Williams followed the victim back to the car. Smith took something from the victim and shot him in the thigh, while Appellant hid behind a building. Smith and the victim continued to struggle. Williams then walked up to the victim and shot him in the back. Appellant and Smith went through the victim’s pockets before fleeing the scene. Ms. Russell identified Williams in a pre-trial photographic lineup and again at trial. Two additional eyewitnesses also identified Appellant in court and testified that he followed the victim and Smith and subsequently shot the victim. The evidence was sufficient to prove the underlying felonies and to authorize a rational trier of fact to find Williams guilty of felony murder beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; Scruggs v. State, 273 Ga. 752 1 545 SE2d 888 2001; Smith v. State, supra at 356 1.

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