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Holmes v. State

The witness's presence during part of defendant's trial did not preclude him from testifying, since a violation of the rule of sequestration goes to the weight and credibility of a witness's testimony, not its admissibility.

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Appellant Terry Dewayne Holmes was convicted of malice murder, felony murder, and aggravated assault arising from the shooting death of Rosa Barnes and wounding of Walter Thomas.1 Holmes appeals from his convictions and we affirm.

1. The evidence presented at trial authorized the jury to find that throughout the night of the crimes, appellant and his codefendants, Lorenzo Lindsey and Theodore Allen, were driving in a white Toronado loaned to appellant by a friend. They decided to commit a drive-by shooting and chose to make the residence of Rosa Barnes their target. Multiple gunshots were fired into the home, striking Barnes in the chest and killing her. Walter Thomas, who was outside the house, was wounded. After the shooting, appellant attempted to dispose of the white car but got it stuck on railroad tracks where he abandoned it. Crime scene technicians found a cartridge casing in the car which appeared to be the same type as used to shoot Barnes and Thomas. Viewed in the light most favorable to the verdict, we find the evidence was sufficient to convict appellant of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

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