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Moore v. State

The trial court did not violate O.C.G.A. § 17-8-57 by telling the jury in preliminary instructions that the state's decision not to seek the death penalty was appropriate.

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The appellant, Merrell Moore, appeals from his conviction for the malice murder of his wife, Katherine Moore.1 On appeal, Moore contends that the trial court improperly commented on the evidence and thus violated OCGA § 17-8-57. We conclude that the trial court did not violate § 17-8-57 and that the evidence is sufficient to support Moore’s conviction. Accordingly, we affirm Moore’s conviction for malice murder.

1. The evidence shows that on May 8, 1996, Mr. Moore contacted his wife’s mother around 6:30 a.m., told her that he and Ms. Moore had been fighting, and asked whether she could care for the couple’s children. Mr. Moore’s mother-in-law came to pick up her grandchildren, and as she was driving away, she noticed Moore near the telephone line. She stopped her car and asked Moore what he was doing. Moore told her that he was going to disconnect the telephone line so the victim could not call Mr. Moore’s mother.

 
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