*1 disbarment. 4 and and recommended Standards special of law of the master of fact and conclusions The Board, which now also recom- Disciplinary adopted by the State were ap-We respondent response. The has made no mends disbarment. Attorney the Board. Robert recommendation of adopt and of law in State practice Bray hereby disbarred from E. is the State Bar rules of reinstatement subject Georgia any petition for reinstatement. in effect at the time of Georgia Disbarred. 1985. Bar, E. III, George Counsel State P. Smith General
William Bar, State for State Bar Hibbs, General Counsel Assistant Georgia. THE STATE.
42089. HINES v. Presiding Justice.
Marshall, conviction of malice murder appeals Robert Earl Hines from his imprisonment. and his sentence of life on charge it error refuse to requests,
1. written was not Absent voluntary involuntary manslaugh- included offenses of and the lesser (1984), cit- Buxton v. ter. Stonaker, ing State appellant The at the trial as follows. Evidence was adduced Brown, Johnson,
had dated Louise Brown the sister victim sought to the rela- approximately 15 months. She had terminate by encounters toward her tionship aggressive physical due to several kill her. Sometime after appellant, who had stated that could — 22,1984 her had returned to 1:30 a.m. March after Ms. Johnson on friend, having spent evening earlier hours with intoxicated, brother, Alfonzo, very who Miller her James in, him who appellant, front she let knocked on her door. When him, also, talking on her. She refused insisting was with came instruction, him, and, her bed- at Alfonzo’s talk fell The and the victim both room and closed door. telephone into the bath- asleep, whereupon Ms. Johnson carried bathroom, Mr. into the room and called Miller. broke telephone, to know who was on the threw jealously demanding down, ef- ‘phone elsewhere ‘phone picked and an extension her trying to fort to find out. When the saw Louise awaken drawer, brother, kitchen, knife got he went into the out Alfonzo, wounds, death from began stabbing resulting his ap- proximately six of which were to the victim’s Mr. back area. Miller that, state, “No, over please he heard Louise that, please my don’t do don’t hurt brother.” Al- Neither Louise nor fonzo cut during was armed. also at- Alfonzo, on lay feigning tack the floor death while the *2 to paper the kitchen for water and towels clean blood. Louise, moved, then kicked that revealing she was alive, “No, bitch, whereupon said, you ain’t, you still he ain’t dead yet, you’re Subsequently, but die.” going attempted to have sex her, sodomy, her, forced her to commit oral urinated on and re- telephone help. able, fused to let her for finally When via the get over, brother to come assistance, allowed him to summon medical but insisted that he not police. call the escaped Louise that she could have in in physical condition which the had left her.
The appellant argues that the trial “swearing resolved con- himself, test” between Louise and that the verdict guilty of of murder is inconsistent the verdicts of not guilty charges aggravated sodomy assault and aggravated against because proof of charges all of the depended upon credibility of Louise as a witness. “The jury part testimony is entitled to believe a State, witness and v. parts.” disbelieve other Williamson 134 Ga. (215 518) (1975). App. 583 SE2d “The in judging determinative factor jury whether are inconsistent the acquittal ‘is whether of one charge necessarily includes a finding against a fact that is essential to State, 472, conviction for the v. charge.’ Conroy other 231 Ga. 475 (202 398) (1973). There must be conflict’ in ‘irreconcilable State, 640, verdicts warrant Jackson v. reversal. 641 (198 666) (1973).” 547, App. Stewart v. 548 (249 351) (1978). The verdicts were not in here irreconcilable conflict, since the jury logically could have that state found did prove doubt, the murder of Brown beyond all reasonable but sodomy did not the aggravated aggravated assault and of Lou- ise Johnson.
We find that
the evidence here was sufficient to meet the stan-
Virginia,
2781,
dard set forth
Jackson v.
Judgment affirmed. Justice, Chief concurring.
Hill, I concur I judgment of affirmance. would abolish our in- States, consistent verdict criminal v. rule cases. See Dunn United 390, (1932); U. S. 393-394 LE SC United States Powell, 83 LE2d S. SC 469 U. May Rehearing 28, 1985. denied Revell, Jerry Brimberry, MacDougald & W. Kaplan, Brimberry, appellant. for Hogg, L. Earl Hind, John W. Attorney, District
Hobart M. Bowers, Attorney J. Jones, Attorneys, Michael Assistant District General, Jr., Attorney, appellee. Snelling, Senior Eddie v. THE STATE. PORTER (330 SE2d Justice.
Gregory, malice of Teresa Ricky Porter convicted murder Arnez The trial court Henry malice J. Mixon. D. Sims and of the murder impris- life terms of to two concurrent sentenced onment. *3 dur- began sharing apartment
Teresa the Sims and defendant However, relationship deteri- their turbulent ing the summer of 1982. of 1983. In orated, spring and Teresa Sims left the defendant reconciled, relationship but their July, 1983 defendant and Sims suspicions that Sims was due the defendant’s remained unstable 5, 1983, August that on faithful him. Marla Howard testified apartment Sims in Sims shared with de- while she was with fendant, mo- beckoned Sims into the bedroom. When defendant help later heard call for she entered the bedroom ments Howard Sims beating Sims. Howard also testified the and observed the defendant gun kill while repeatedly holding threatened to Sims defendant day. On apartment following his hand. Sims moved out of victim, Mixon, V, 1983, and the the defendant observed Sims August rented for unsuccessfully attempt car Mixon had enter locked keys possession, in his and he The defendant had the this car Sims. they of the de- parking Mixon in it as left the lot followed Sims and driving another vehicle. While complex fendant’s and, Road, pulled up next to Mixon’s car Constitution two eyewitness testimony, at least shots according to fired car and it a tree. The defendant car. Mixon lost control struck Eyewit- car over to Mixon’s vehicle. exited rental and walked opened the they Sims scream. The defendant nesses testified heard at The defendant then left passenger door and fired three shots Sims. gunshot wounds. A scene of crime. Both victims died from a dis- examination of Sims indicated she had been shot medical