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Hill v. State

The trial court properly gave a prior difficulties charge, not a similar transaction charge, for the jury's consideration of the child care provider's testimony that on a prior occasion the defendant responded violently to his infant's son's crying and threatened to kill him.

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Appellant J. I. Terrell “Pete” Hill was indicted by a Madison County grand jury for malice murder, but a jury convicted him of involuntary manslaughter only. His motion for a new trial was denied, and he appeals. Finding no error, we affirm.

1. Hill enumerates the general grounds. Construed to support the verdict, the evidence shows that on January 14, 1997, the five-month old son of Hill and his live-in girlfriend was taken to Egleston Children’s Hospital in Atlanta, where he died five days later. Because physicians were concerned about the suspicious nature of the child’s injuries, they consulted a pediatrician trained in injury and child abuse evaluation. The pediatrician ordered an autopsy performed, and both she and a physician from the Georgia State Crime Lab concluded that the cause of death was “Shaken Baby Syndrome.” The doctors displayed for the jury CT scans showing the brain injury.

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