Cash v. State
297 Ga. 859
| Ga. | 2015Background
- Cash was convicted by a Haralson County jury of two murders and challenged sufficiency of evidence and jury instructions.
- The killings occurred March 3, 2005; Wright, not Cash, killed Jackson with a sawed‑off shotgun during a setup to ambush him.
- Cash aided Wright by driving to the scene, returning with the others, and later assisting in car maintenance while Wright threatened others.
- The State charged two counts of malice murder, two counts of felony murder, and two counts of aggravated assault; Wright pled guilty earlier and was sentenced.
- The trial court instructed the jury and ruled on evidentiary issues, including whether to charge involuntary manslaughter and whether the indictment permitted alternative theories.
- Cash timely appealed, contending insufficiency of the evidence and improper jury charging.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence shows Cash was a party to the felony murders | Cash argues insufficiency—no proximate causation from Wright’s actions | State contends transfer of intent and accomplice liability support conviction | Sustained—evidence supports being a party to felony murders |
| Whether the trial court erred in not instructing intent to murder | Indictment alleged intent to murder; defense needed instruction | Disjunctive statute allows proving any listed method; no error in limiting charge | No error; instruction on deadly weapon supported; harmless error if any |
| Whether the trial court should have given involuntary manslaughter as lesser included offense | Possibility of lesser included offense due to unknown weapon; request denied | Evidence showed either completed felony murder or no offense; no duty to charge lesser offense | No reversible error; absence of lesser charge affirmed |
Key Cases Cited
- Jones v. State, 292 Ga. 656, 658 (1) (740 S.E.2d 590) (2013) (2013) (transferred intent and liability for accomplices)
- Coe v. State, 293 Ga. 233, 235 (1) (748 S.E.2d 824) (2013) (2013) (agency/participation theories in accomplice liability)
- Smith v. State, 279 Ga. 423, 423 (614 S.E.2d 65) (2005) (2005) (transferred intent doctrine applies to unintended victims)
- Lopez v. State, 260 Ga. App. 713, 716 (3) (580 S.E.2d 668) (2003) (2003) (indictment may authorize conviction under one theory even if charged conjunctively)
- Gipson v. State, 332 Ga. App. 309, 317 (5) (772 S.E.2d 402) (2015) (2015) (state need prove any one listed method of aggravated assault)