Jenkins v. State

Evidence showed that defendant was a party to the crime, since his friend argued with the victim, defendant threw his car keys to his friend and told him to get a gun out of the trunk, and his friend shot the victim with that gun.

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A jury found Casey Jenkins guilty of felony murder while in the commission of aggravated assault in connection with the fatal shooting of Pete Howard, and he was sentenced to life imprisonment. Following the denial of his motion for new trial, Jenkins appeals, contending that the evidence was insufficient to support his conviction and that the trial court erred by giving the jury a sequential charge in violation of Edge v. State, 261 Ga. 865 2 414 SE2d 463 1992. Finding the contentions to be without merit, we affirm.1

1. The State presented evidence that early on the morning of May 10, 1996, Pete Howard was found dead outside a bar and grill in Liberty County. An employee discovered the body lying on the ground by the barbeque pit. The cause of Howard’s death was a rifle bullet wound to the trunk of his body. At the time of death, the victim’s blood alcohol content was .08 and cocaine metabolites were present in his system. The previous night, Jenkins, Dedrick Palmer, and Jenkins’ cousin came to the bar and grill to get something to eat. Palmer went inside and Jenkins stayed outside. Howard was there and appeared to be “mad” and was “just acting angry.” Howard and Palmer argued and Palmer poured a cup of beer on Howard, but the men did not exchange blows or engage in a physical fight. Howard went to sit under the barbecue shed. Jenkins threw his car keys to Palmer and told him to get a “gun” out of the trunk of Jenkins’ car. Palmer had some trouble getting the trunk open and it took a couple of minutes for him to retrieve the weapon. Palmer pointed it “on a level” in Howard’s direction and fired six or seven times.

Jenkins v. State

Evidence showed that defendant was a party to the crime, since his friend argued with the victim, defendant threw his car keys to his friend and told him to get a gun out of the trunk, and his friend shot the victim with that gun.

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