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Roberts v. State

The jury was free to reject the defendant's claim that he acted in self-defense when he shot his estranged wife in the chest with a shotgun at near-contact range.

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Kenneth Gordon Roberts appeals his convictions for aggravated stalking, malice murder, and possession of a firearm during commission of a felony in connection with the fatal shotgun shooting of his estranged wife, Peggy Roberts. He challenges the sufficiency of the evidence, the denial of a continuance, the refusal to change venue, the admission of certain exhibits and testimony, and alleged improper conduct by the State. Finding the challenges to be without merit, we affirm.1

Roberts and his wife, Peggy, had been married approximately sixteen years, when they separated in mid-September, 1998. Roberts came to Peggy’s workplace and argued with her. As Peggy ended the encounter, her co-worker and friend, Ammons, overheard Roberts tell Peggy, “I’ll kill, you, bitch.” On September 22, Peggy obtained a temporary protective order against Roberts; she averred to the court that Roberts had threatened her, abused her in the past, and that she was afraid of him and what he might do before she could get a divorce. The court restrained and enjoined Roberts from threatening or harassing his wife and prohibited him from contacting her, going to her residence or place of employment, and being within 200 yards of her. The day the protective order was entered, Irwin County Deputy Sheriff Young personally served Roberts by handing a copy to him; Young also explained the order to Roberts. Roberts became “upset, mad” and was cursing.

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