Oliver v. State

The trial court's error in charging the jury that it could infer intent to kill from the defendant's use of a deadly weapon was harmless since defendant was convicted of felony murder which requires only an intent to commit the underlying felony.

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A jury convicted Gary Oliver of aggravated assault and felony murder in the shooting death of Dexter Wallace and the aggravated assaults of Frank Griggs and Jason Weems. Oliver also was convicted of possessing a firearm during the commission of a felony. Oliver contends that, contrary to our holding in Harris v. State,1 the trial court charged the jury that it could infer Oliver’s intent to kill based upon his use of a deadly weapon. Because we find that this error was harmless and Oliver’s remaining enumerations have no merit, we affirm.2

1. Oliver claims that there was insufficient evidence to support his convictions and that the trial court should have granted his motion for directed verdict. The evidence at trial showed that, on the afternoon of September 18, 1998, Dexter Wallace and two friends, Frank Griggs and Jason Weems, were in a two-door car on their way to get food. Weems was driving and Griggs was in the front passenger seat. Wallace was in the backseat, behind Griggs. As they pulled up to a stop sign, Oliver ran from a nearby house and stuck a gun through the open passenger-side window, shouting at Wallace to pay him the money that Wallace owed. Oliver also pointed the revolver at Griggs and Weems and demanded that, unless Weems put the car in park, he would kill everybody in the car. Weems and Griggs crawled out of the car, exiting through the driver-side door. As they made their escape, Oliver shot at Wallace, who was still in the backseat. Wallace climbed out of the car and ran away, with Oliver shooting at him at he ran. Wallace collapsed and died on the street a few minutes later from a gunshot wound to the chest. Oliver was arrested a short time later, and he subsequently confessed to shooting Wallace, although he claimed it was in self-defense.

Oliver v. State

The trial court's error in charging the jury that it could infer intent to kill from the defendant's use of a deadly weapon was harmless since defendant was convicted of felony murder which requires only an intent to commit the underlying felony.

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