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Rittenhouse v. State

Defendant's booking photograph was admissible since he had changed his appearance dramatically since the murder and witnesses had difficulty identifying him.

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Terry Hall was found dead after an altercation with appellants Jerry Joe Rittenhouse and Matthew Adam Taylor at a nightclub.1 The altercation allegedly started over a woman appellant Taylor was dating. Hall left the nightclub in his vehicle and was followed by appellants Rittenhouse and Taylor in one vehicle and by appellant Rittenhouse’s twin brother and others in another vehicle. Appellant Rittenhouse forced Hall’s vehicle off the road and a fight ensued between Hall and appellants that resulted in Hall being severely injured. The injuries Hall received in the fight were not life threatening. However, appellant Rittenhouse kicked Hall into a drainage ditch full of water where Hall drowned.

1. Appellant Rittenhouse contends that the felony murder verdict was contrary to the law and evidence. Appellant Taylor, in his sole enumeration of error, also contends that the evidence was insufficient to support the felony murder verdict against him. We conclude that the evidence was sufficient to enable the jury to find beyond a reasonable doubt that both appellant Rittenhouse and appellant Taylor were guilty of felony murder. Jackson v. Virginia, 443 US 307 99 SC 2781; 61 LE2d 560 1979; Dupree v. State, 247 Ga. 470 277 SE2d 18 1981. Both men perpetrated an aggravated assault upon the victim which “directly and materially contributed to the happening of a subsequent accruing immediate cause of the death.” Redfield v. State, 240 Ga. 640 1 241 SE2d 217 1978.

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