Shazer v. State

Evidence that defendant threatened to kill his wife if she left him, that the wife died from a gunshot wound inflicted with a pistol held against her chest and that the gun could not have fired accidentally supported defendant's convictions.

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A jury found Nathaniel Shazer guilty of the malice murder of his wife and of possessing a firearm during the commission of a crime. The trial court entered its judgments of conviction on the jury’s verdicts, and sentenced Shazer to life imprisonment on the murder charge and to a five-year consecutive term for the firearm possession offense, and he appeals.1

Shazer contends only that there was not sufficient evidence to authorize a finding of his guilt beyond a reasonable doubt. Construed most favorably for the State, the evidence shows that Shazer often threatened to kill the victim if she left him, and that he once did so while holding a gun to her head. In the days prior to her death, the victim expressed fear of Shazer and concern that she may die soon. Shazer admitted that he practiced with the pistol daily and knew that it had a bullet in the chamber, but claimed that it discharged accidentally when he was two to four feet away from the victim. However, expert testimony showed that the pistol was held against the victim’s chest when it fired, causing her death, and that it would not fire accidentally, but required over 16 pounds of pressure to pull the trigger. “The jury was not required to believe Shazer’s testimony that the weapon had accidentally discharged.” Hayes v. State, 268 Ga. 809, 811 1 493 SE2d 169 1997. From the State’s evidence, a rational trier of fact could have found proof of Shazer’s guilt of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979; Dixson v. State, 269 Ga. 898 1 506 SE2d 128 1998; Rotino v. State, 259 Ga. 295 1 380 SE2d 261 1989; Tatum v. State, 259 Ga. 284, 285 1 380 SE2d 253 1989; Stratton v. State, 257 Ga. 593, 594 1 362 SE2d 47 1987; Crawford v. State, 256 Ga. 585 1 351 SE2d 199 1987.

Shazer v. State

Evidence that defendant threatened to kill his wife if she left him, that the wife died from a gunshot wound inflicted with a pistol held against her chest and that the gun could not have fired accidentally supported defendant's convictions.

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