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Crowder v. State

The trial court erred in charging that defendant's armed robbery could be the underlying felony of the firearms possession charge against him, since he was charged only with possession of a firearm during the commission of a murder.

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After accepting many years of physical abuse from his grandfather, Thurman Martin, and vowing since he was six years old to “kill that man,” Billy Crowder shot his grandfather several times in the head, took money from his wallet, and buried him in a tomato patch in his backyard.1 A Long County jury found Crowder guilty of voluntary manslaughter, armed robbery, hindering the apprehension of a criminal, and possession of a firearm during the commission of a crime. He appeals, raising three enumerations of error.

1. Crowder first challenges the sufficiency of the evidence to support his conviction for armed robbery. He contends that the evidence did not establish the time frame in which the victim’s wallet was taken so as to prove the taking was from the victim through the use of a firearm, as set out in the indictment. We disagree.

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