Hall v. State
322 Ga. App. 313
Ga. Ct. App.2013Background
- Hall arrived at a diner late at night, remained for six to seven hours, intermittently drinking, eating, and sleeping.
- Morning manager observed Hall openly armed with two pistols and a machete; police detained him outside the diner.
- Police recovered two black powder pistols, methamphetamine, a large knife, loading gear, gunpowder, a flare gun, flashlights, BB guns, and a pill bottle.
- Documents seized referenced hate groups and contained violent, threatening language directed at individuals and facilities.
- Forensic testimony indicated the pill bottle contained black powder described as a low explosive and that bullets could function as shrapnel in an explosive device.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Destructive device possession sufficiency | State proved powder in container intended to explode and to injure. | Insufficient proof of intent/knowledge to explode or injure. | Sufficient; intent and explosive purpose shown. |
| Firearm during felony / felon in possession | Felon possessed firearms defined to include weapons that can expel a projectile. | No need to prove weapons could expel a projectile. | Sufficient; possession of firearms satisfied definition. |
| Loitering or prowling sufficiency | Prolonged presence and display of weapons created immediate concern. | Hall was merely a diner customer. | Sufficient evidence to sustain loitering/prowling. |
Key Cases Cited
- Senior v. State, official citation not provided (Georgia) (defines firearm includes any weapon that will or can be converted to expel a projectile)
- Heard v. State, 274 Ga. 196 (2001) (direct appeal following motion to withdraw motion for new trial)
- Short v. State, 234 Ga. App. 633 (1998) (procedural procedural standards cited)
- Turner v. State, 246 Ga. App. 49 (2000) (possession of explosive devices with notes supports manufacturing conviction)
- Jackson v. Virginia, 443 U.S. 307 (1979) (review standard for sufficiency of evidence: rational trier of fact)
- 277 Ga. App. 197, 626 SE2d 169 (2006) (loose reference to corroborate explosive device reasoning)