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Hyman v. State

Defendant's lying to the officer about the murderer's presence in his house just before the murderer shot the officer did not support defendant's felony murder conviction, since there was no evidence that defendant was a party to the shooting.

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Autouri Holcomb shot and killed his girlfriend and, the next morning, went to the home of his friend Algernon M. Hyman. Police obtained a warrant for the arrest of Holcomb, searched for him in various locations, and eventually proceeded to Hyman’s home. Hyman and his mother told police that Holcomb was not in the house, and Ms. Hyman consented to a search. When Officer George Hester looked into a closet, Holcomb fatally shot him. After police threw in tear gas, Holcomb left the room with his gun and threatened to kill the police officers, who then shot and killed him. The grand jury indicted Hyman for the murder of Officer Hester while in the commission of the offense of making a false statement, and also for the underlying offense itself. At trial, the jury found Hyman guilty of both offenses, and the trial court merged the false statement count into the felony murder count and sentenced him to life imprisonment. The trial court denied Hyman’s motion for new trial, and he appeals.1

1. Hyman contends that the evidence is insufficient, because the State did not show that the death of Officer Hester was a foreseeable result of the false statement. See Ford v. State, 262 Ga. 602 1 423 SE2d 255 1992. Pretermitting consideration of that issue, however, we find that the cases of Hill v. State, 250 Ga. 277, 279 1 b 295 SE2d 518 1982 and State v. Crane, 247 Ga. 779 279 SE2d 695 1981 are controlling and require reversal of Hyman’s felony murder conviction.

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