412 S.E.2d 284 | Ga. Ct. App. | 1991
Appellant was convicted by a jury of two counts of voluntary manslaughter and appeals from the denial of his motion for new trial. Appellant raises as his sole enumeration the insufficiency of the evidence to support the conviction.
“On appeal of a criminal conviction, the evidence is to be viewed ‘in the light most favorable to the prosecution’ (i.e., in the light most favorable to the jury’s determination that the defendant is guilty), not in the light most favorable to the defendant.” Adams v. State, 255 Ga. 356, 357 (338 SE2d 860) (1986). Viewed in a light most favorable to the verdict, the evidence is as follows: Andrew and Melvin Bush, brothers, were outside their mother’s apartment, near their car. A car driven by appellant then entered the apartment complex and passed the Bush brothers. Appellant drove his car around a circle in the complex and again passed the Bush brothers on the way out of the complex. At that point, there were words spoken between the Bush brothers and appellant, although the witnesses gave varying accounts of the exact language used. In any event, after the exchange, the Bushes got in their car, sped up to appellant’s car, passed it and cut in front of it. Both cars then stopped, and the passenger in the Bushes’ car, identified by a witness as Melvin Bush, got out of the car, walked up close to appellant’s car and was shot three times. A witness testified that the passenger did not put his hands into appellant’s car. After the shooting, appellant began to drive off when the driver of the Bushes’ car, identified by a witness as Andrew Bush, got
“ ‘A person commits the offense of voluntary manslaughter when he causes the death of another human being, under circumstances which would otherwise be murder, and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder . . . .’ [OCGA § 16-5-2] ‘When a homicide is neither justifiable nor malicious, it is manslaughter, and if intentional, it is voluntary manslaughter.’ [Cit.]” Syms v. State, 175 Ga. App. 179 (1) (332 SE2d 689) (1985). Appellant contends that the state did not prove the absence of self-defense beyond a reasonable doubt. See State v. Shepperd, 253 Ga. 321 (320 SE2d 154) (1984). Despite appellant’s own statement and the evidence of cocaine in the victims’ systems, the jury was not
Judgment affirmed.