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McKenzie v. State

Given the evidence that defendants forced the victim into the trunk of a car, drove him to an empty stretch of road and shot him numerous times following an argument over a drug deal, there was no possibility that the jury was misled by the trial court's failure to conform its charge on aggravated assault to the evidence.

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A jury convicted James McKenzie and Tommy Scott of murder in the shooting death of Roderick Davis.1 Because we find no error requiring reversal, we affirm.

1. The evidence at trial showed that Davis had agreed to sell cocaine to Herman Morris for $31,000; however, the drugs were not good quality. Early in the morning of June 21, 1998, Davis approached Morris and Scott, who argued with him, and the three drove away together. Shortly thereafter, McKenzie joined them. Scott hit Davis in the back of the head with a pistol; Scott, Morris, and McKenzie forced Davis into the trunk of a car, drove him to an empty stretch of road, forced him out of the car, and shot him numerous times. After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found McKenzie and Scott guilty of the crimes charged.2

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