515 S.E.2d 150 | Ga. | 1999
Anthony Burnett was convicted of malice murder and possession of a firearm during the commission of a felony, in connection with the bludgeoning death of James Garrett, Jr.
The autopsy revealed two three-and-a-half inch lacerations on the back of the victim’s head. In the opinion of the medical examiner, these wounds were inflicted by two blows with the butt of a shotgun, causing the victim’s brain to hemorrhage. The victim also suffered three broken ribs, and a ruptured liver and kidney.
Burnett testified that he hit the victim with the butt of his shotgun, but that he did so in self-defense. However, on cross-examination Burnett revealed that after he struck the initial blow, the victim fell to the ground, and that he hit him again with the butt of the shotgun, causing the weapon to break in two.
The jury was authorized to reject Burnett’s justification defense, and to find instead that he acted upon his threat to kill Garrett, thus satisfying the malice aforethought element of malice murder. Accordingly, the evidence was sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), for a rational trier of fact to have found Burnett guilty beyond a reasonable doubt of malice murder and possession of a firearm during the commission of a felony.
Judgment affirmed.
The crimes occurred on April 26, 1997. An indictment was returned on December 10, 1997, charging Burnett with malice murder, felony murder with the underlying felony of aggravated assault, aggravated assault (two counts), and possession of a firearm during the commission of a felony. Trial was held on March 16 and 17, 1998. The jury returned its verdict on March 17, 1998, declaring Burnett guilty of all counts, with the exception of one cotint of aggravated assault. He was sentenced on the same day to fife imprisonment for malice murder, and to five consecutive years for firearm possession. An order granting a motion for out-of-time appeal was entered on September 11, 1998. A notice of appeal was filed on September 28, 1998, the case was docketed in this Court on October 28, 1998, and