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Stanton v. State

Defendant could not be convicted of both murder and being an accessory after the fact.

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John Stanton was convicted of malice murder, hindering the apprehension of a criminal, and possession of a firearm during the commission of a felony but acquitted of armed robbery in connection with the shooting death of his father-in-law, Thurman Martin.1 The defendant was sentenced to life imprisonment on the murder charge and five years imprisonment on the other two charges. Stanton contends that the evidence did not support his convictions. Concluding that evidence is sufficient, we affirm his convictions for murder and possession of a firearm, but reverse his conviction for hindering the apprehension of a criminal because a defendant cannot be convicted as both a principal to a crime and an accessory after the fact.

1. The evidence presented at trial shows that co-defendant Billy Crowder shot Martin, his grandfather, two times in the back of the head while Martin was sleeping and then Stanton shot Martin twice.2 Along with co-defendant Jason Jordan, a friend of Crowder’s, the men placed a plastic bag on Martin’s head, wrapped him in a shower curtain, buried him in the yard, and planted tomato plants over him.3 Both Crowder and Stanton admitted at trial that they shot Martin, but asserted a justification defense based on the battered person syndrome. Several witnesses testified that Martin had repeatedly beaten, cursed, and threatened Crowder, his sister, and his mother, who was married to Stanton. A psychologist testified that Crowder and Stanton believed shooting Martin in his sleep was the only way to end the abuse. 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 Stanton guilty of the crimes charged.4

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