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Miller v. State

The conflicting testimony of several witnesses with regard to the number, gender and identity of persons gathered with defendant at the time of the shooting was a matter of credibility for the jury to resolve.

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Appellant Antavis Miller was convicted of malice murder and possession of a firearm during the commission of a crime in connection with the death of Khay Nohkhaokath on October 31, 1996. On appeal, appellant contends only that the evidence presented by the State was not sufficient to authorize the jury’s verdicts. We disagree and affirm the judgment of conviction entered by the trial court.1

The State presented evidence that the victim was fatally shot with a Lorcin .380 caliber handgun in the head, the chest, and the right hand in a Clayton County apartment complex between 3 and 4 p.m on October 31, 1996. A resident of the complex identified appellant as the man the witness saw point a gun at an unarmed Asian man, accuse him of being a “narc,” and threaten to kill him. The witness then heard four gunshots. Another man who admitted he was with appellant in the apartment complex and was also facing murder charges in connection with the victim’s death, testified that appellant had pulled out a gun and fired three shots at the victim after the victim had approached appellant and the witness and flashed money. The witness also testified that the handgun established to be the murder weapon was “similar” to the handgun appellant used. The victim’s body was found at the end of a bloody trail leading from the scene of the shooting.

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