521 S.E.2d 572 | Ga. | 1999
This appeal is from the conviction of Linda Diane Flint for murder and possession of a knife during commission of a felony.
1. The evidence set out above was sufficient to authorize a rational trier of fact to find Flint guilty beyond a reasonable doubt of murder and possession of a knife during commission of a felony. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Wall v. State, 269 Ga. 506 (1) (500 SE2d 904) (1998).
2. Flint contends on appeal that the trial court erred in failing to charge the jury, in accordance with footnote 3 of Edge v. State, 261 Ga. 865 (2) (414 SE2d 463) (1992), that if it found provocation and passion, it could not convict Flint of murder, but of voluntary manslaughter. Pretermitting the issue of preservation of objections, it appears from the record of this case that the trial court gave the charge Flint contends was omitted. The transcript shows that the trial court, on its own motion, summoned the jury back to the courtroom and gave the charge in question after rereading this Court’s decision in Edge. Since the charge Flint complains was omitted was in fact given, no error appears.
Judgment affirmed.
The crimes were committed on January 26, 1998, and Flint was indicted on February 23,1998, for murder and possession of a knife during commission of a felony. Convicted by a jury on both counts on July 2, 1998, Flint was sentenced on July 7, 1998, to life imprisonment for murder and to a concurrent term of five years for the weapon charge. Flint’s motion for new trial was filed August 3, 1998, and was denied by an order filed February 22, 1999. Pursuant to her notice of appeal, filed March 23, 1999, this appeal was docketed in this Court on April 14, 1999, and was submitted for decision on the briefs.