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McGee v. State

The investigator was not required to retain any rough notes that he made while investigating the murder of defendant's wife.

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A jury found Randy Murdock McGee guilty of the malice murder of his wife, and the trial court entered a judgment of conviction and sentenced McGee to life imprisonment. The trial court denied McGee’s motion for new trial, and he appeals.1

1. The evidence shows that McGee and his daughter went to the home of Gail Neal, where he asked to talk to the victim. After Mrs. Neal refused to let him in, she walked away, and the victim walked up to the door. McGee then shot the victim several times, killing her. Both Mrs. Neal and a neighbor witnessed the shooting. Police recovered six bullets, one of which was too mangled for testing, but the other five of which came from McGee’s pistol. McGee testified that, while he was talking with the victim, Mrs. Neal shot at him, and he fired three shots to protect himself and his daughter. However, “the jury was free to either accept or reject his testimony.” Knight v. State, 271 Ga. 557, 559 1 521 SE2d 819 1999. Mrs. Neal testified that she did not own or possess a gun, and police did not find any gun other than McGee’s. One of the victim’s wounds indicated that the pistol was in contact with the victim’s side. After the shooting, McGee apologized to his daughter and confessed to his brother. A rational trier of fact could have found McGee guilty of malice murder beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979; Knight v. State, supra at 558 1.

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