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Carter v. State

Trial court's statement to jury during deliberations that defendant would not be retried if the jury did not reach a verdict warranted a new trial.

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This appeal is from Lloyd Christpher Carter’s convictions for felony murder and cruelty to a child.1 Cristle Cook, the 16-month-old daughter of the woman with whom Carter lived, was not breathing when her mother came home from the laundromat. Cristle and another child had been left in Carter’s care that evening. At the emergency room, bruises no more than two or three hours old were observed on her head. After measures to stabilize her were undertaken, Cristle was transported by ambulance to a larger hospital where she died. The cause of her death was a subdural hematoma which, according to a physician-witness, was the result of trauma. In addition, there was a wound on the child’s head and retinal hemorrhages. The physician testified that the injuries were not consistent with a fall and that the child did not exhibit any blood clotting problems. A pathologist testified that the child suffered shaking or blunt force trauma or a combination of the two, and that her injuries were not consistent with any disease or blood disorder. In a statement to police, Carter admitted that he may have inadvertently struck the child with his hand while trying to “fan” her. At trial, he testified that he did not strike her, but may have touched her while fanning her. Other medical testimony established that the child had no blood disorders.

1. The evidence adduced at trial, though circumstantial, was sufficient to authorize a rational trier of fact to find Carter guilty of felony murder beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979; Preddie v. State, 266 Ga. 576 1 468 SE2d 746 1996.

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