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Burke v. State

Murder defendant was not entitled to a reversal based on the trial court's failure to give cautionary instructions after the prosecutor made inflammatory remarks because the trial court admonished the prosecutor at defendant's request.

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This appeal is from Dewayne Perez Burke’s convictions for murder, two counts of possession of a firearm during commission of a crime, and four counts of aggravated assault.1 The evidence at trial authorized the jury to find the following as facts. Burke was involved in a fight outside a lounge. After the fight was broken-up by law enforcement officers, Burke ran toward a car containing two of the opposing combatants and three other people. In full view of three law enforcement officers, Burke fired several shots into the car, killing one person. Ordered to drop his gun, he ran away, but surrendered shortly thereafter. The murder weapon was later found at the scene.

1. The evidence adduced at trial and set out above was sufficient to authorize a rational trier of fact to find Burke guilty beyond a reasonable doubt of the crimes charged. Jackson v. Virginia, 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979; Gibson v. State, 272 Ga. 801 1 __SE2d__ 2000.

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