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Wright v. State

Defendant shot the victim in the back and side after the victim accused him of stealing a video game and fired a shot over defendant's head.

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The appellant, Arcelius Wright, was convicted of malice murder and other crimes in the shooting death of David Harris.1 On appeal, Wright contends that the evidence is insufficient to support the convictions, and that the trial court erred in giving the jury an Allen2 charge. Because we conclude that the evidence supports the convictions and that the trial court did not abuse its discretion in giving the Allen charge, we affirm.

1. On the afternoon of July 7, 1998, Wright was playing video games at a house in Savannah, Georgia, with his friends, Joe Burke and James Love. David Harris and his friend, Shawn Carter, drove up and parked near the house. Carter went to visit a friend in a nearby apartment complex, and Harris entered the house in which Wright was playing video games and accused Wright of stealing his Harris’s property. Wright ignored Harris and continued to play the video game. Harris responded by pulling out a pistol from his waistband and firing one shot over Wright’s head. Carter, who was outside, heard the shot and then saw Harris, who appeared angry, walking away from the house. According to Carter, Harris was attempting to “stuff” a gun in his pants. Carter testified that, as Harris was walking away from the house, he Carter saw an arm holding a pistol appear from the front door of the house. The pistol was pointed at Harris, and Carter testified that as soon as he saw the gun, the gun was fired. Carter added that Harris was struck in the back and fell forward on the ground. Carter further testified that he then ran away, but that he heard more shots and heard someone screaming.

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