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Wynn v. State

Defendant could not impeach the state's witness with a prior inconsistent statement that was not relevant to defendant's case.

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Appellant Harold Wynn, Jr. was convicted of malice murder and aggravated assault in connection with the shootings of Thomasina Adama and Barbara Barnes.1 On the day of the crimes, Wynn picked up the two women at Adama’s home and went to a store where he bought beer for them all. On the way back, Wynn accused Adama, with whom he had a sexual relationship which she was trying to end, of having a sexual relationship with Barnes. He then became angry when the women laughed at him because he wanted a beer and they had consumed it all. As Adama opened the door of her home, Wynn shot them both. He stood over Adama as she begged for assistance, taunted her for laughing at him, and shot her again. Adama died and Barnes, who had crawled to a neighbor’s home for assistance, was hospitalized with gunshot wounds.

1. In his first enumeration of error, Wynn contends there was insufficient evidence to authorize the fact finder to find Wynn guilty of murder because the state did not prove the essential elements of the crime beyond a reasonable doubt. Specifically, Wynn argues there was no evidence he killed Adama with malice aforethought, noting that the parties had not previously held animosity toward each other and were not arguing at the time of the crime.

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