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Farrier v. State

Any error in the trial court's charge on possession of a firearm by a first offender as a predicate to felony murder was moot because defendant was convicted of malice murder.

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This appeal is from Kent Farrier’s conviction for malice murder, unlawful possession of a firearm sawed-off shotgun, and possession of a firearm by a first offender probationer.1 Evidence adduced at trial established the following narrative as fact. After an argument between Farrier’s friend Norton and McArthur’s friend Castro was stopped by security guards, both groups left in cars Norton overtook McArthur’s vehicle, then slowed in front of him. When McArthur pulled even with Norton’s car, Farrier extended a sawed-off shotgun from his window and shot McArthur in the head. Farrier later gave the shotgun to his uncle, from whom the police recovered it. Farrier was, at the time of the shooting, on first offender probation for theft by receiving.

1. The evidence recounted above was sufficient to authorize a rational trier of fact to find Farrier guilty beyond a reasonable doubt of the offenses for which he stands convicted. Adams v. State, 264 Ga. 71 2 440 SE2d 639 1994; Laney v. State, 271 Ga. 194 1 515 SE2d 610 1999; Anderson v. State, 237 Ga. App. 595 3 516 S.E.2d 315 1999.

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