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Benford v. State

Evidence that the defendant was arrested with a gun other than the murder weapon was irrelevant and would have been prejudicial, but for the overwhelming evidence of his guilt.

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Henry Benford was sentenced to life imprisonment for malice murder in the shotgun killing of Eric Martin. He appeals the denial of his motion for new trial.1 Finding no reversible error, we affirm.

1. The jury was authorized to find that Benford, along with Scott and Betts, went into an abandoned house and joined the victim, Eric Martin, and an unknown individual in drinking alcohol and smoking crack cocaine. The cocaine had been purchased by Martin and the men knew Martin had the money to purchase more. Benford left the house and returned with a borrowed shotgun, with which he shot Martin in the abdomen. Benford then fled after exhorting Scott to take the victim’s drugs and money, which Scott declined to do. Betts telephoned the police and remained on the scene; Scott phoned the police later from his home and identified Benford as the killer. Martin, before his death, identified the shooter to the police as “Shorty.” Benford testified he is “about five-five” and although he stated that he did not “label himself as short,” other witnesses referred to Benford by that nickname. A month and a half later, police in a marked car spotted Benford, who fled from the officers after discarding a .22 caliber pistol and a can that contained 76 hits of suspected crack cocaine. Benford was arrested and gave a statement in which he claimed that he obtained the shotgun and served as lookout while Scott committed the murder. Scott testified at trial and was subject to cross-examination.

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