Smith v

State, 277 Ga. 95, 586 S.E.2d 629 (2003). When the evidence established more 519 Application (Cont’d) 1. In General (Cont’d) than defendant’s mere presence at the scene of the crimes, the evidence was sufficient to find defendant guilty beyond a reasonable doubt of felony murder and simple assault; although defendant was not indicted for conspiracy, the evidence also supported a conspiracy charge. Belsar v. State, 276 Ga. 261, 577 S.E.2d 569 (2003). Eyewitnesses saw defendant standing by the door of the barber shop shooting repeatedly at the victim, who died from those wounds, and the police recovered the pistol from defendant that shot the victim; thus, the evidence was sufficient to enable a rational trier of fact to find defendant guilty beyond a reasonable doubt of malice murder, felony murder, and aggravated assault with a deadly weapon under O.C.G.A. §§ 16-5-1 and 16-5-21. Roberts v. State, 276 Ga. 258, 577 S.E.2d 580 (2003). Evidence that two defendants who were tried together chased a victim after an argument and that the victim died after one defendant shot the victim five times was sufficient to sustain both defendants’ convictions for malice murder and other crimes. Jackson v. State, 278 Ga. 235, 599 S.E.2d 129 (2004). Evidence was sufficient to allow the jury to find the defendant guilty of malice murder and possession of a firearm during the commission of an aggravated assault because: (1) one eye-witness testified to seeing the victim speaking to an occupant of a car, then hearing a shot, seeing the victim try to peddle the bicycle away, and then falling to the ground; (2) another witness testified that on the night of the shooting, the defendant told the witness that the defendant shot a person on a bicycle and that the witness helped the defendant dispose of a gun in a lake; (3) a third witness testified that the defendant told the third witness that the defendant had shot and killed a person on a bicycle; and (4) the defendant made a videotaped statement during which the defendant admitted to shooting the victim. Roberts v. State, 278 Ga. 541, 604 S.E.2d 500 (2004). In addition to the second codefendant’s 16-5-1 testimony, the state showed that, shortly after the murder, the defendant was in possession of the victim’s cab, that the victim’s blood was found in the vehicle and on the defendant, and that the defendant made incriminating admissions to others; thus, the evidence was sufficient to authorize a rational trier of fact to find proof beyond a reasonable doubt of the defendant’s guilt of malice murder, armed robbery, aggravated assault, hijacking a motor vehicle, and possession of a firearm during the commission of a felony. Wicks v. State, 278 Ga. 550, 604 S.E.2d 768 (2004). Defendant’s convictions for malice murder and possession of a firearm during commission of a felony were supported by sufficient evidence, including identification of the defendant as the shooter by the victim’s sibling, who was with the victim at the time of the incident, as well as the testimony of two witnesses who had spoken with the defendant and the codefendant immediately prior to the shooting and who identified the defendant. Hunt v. State, 279 Ga. 3, 608 S.E.2d 616 (2005). Sufficient evidence supported the defendant’s convictions for malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony where, inter alia: (1) the shooting victim was the love interest of the defendant’s former love interest; (2) the victim had beaten the defendant earlier; (3) witnesses saw defendant at the scene of the killing, in daylight from about two feet away, saw the defendant draw a gun, and then heard shots; (4) a witness saw one perpetrator run from the scene; (5) the witnesses gave the police a description of the shooter, and within hours, independently identified the defendant as the perpetrator from a photo lineup; and (6) a few days later, the defendant admitted to a former love interest that the defendant was the shooter. Wallace v. State, 279 Ga. 26, 608 S.E.2d 634 (2005). Evidence was sufficient to support the defendant’s convictions of malice murder and concealing the death of another because: (1) the defendant’s nephew testified that the defendant asked for help with ‘‘a body’’; (2) the nephew noticed blood stains, evidence of a struggle, and a smell of bleach at the defendant’s home; (3) the 520 victim’s body was on a bed in the defendant’s home; (4) the nephew helped the defendant roll the body in a rug and take the body to a nearby dumpster where they deposited it; (5) authorities later determined that the victim sustained blunt force trauma to the head and died of ligature strangulation; and (6) a search of the defendant’s home revealed the victim’s blood stains and evidence of a struggle. Ware v. State, 279 Ga. 17, 608 S.E.2d 643 (2005). Evidence supported the defendant’s conviction for malice murder and robbery by force because the defendant strangled the victim while the defendant and codefendant were riding in the victim’s car and put the body in the trunk; the defendant told a friend that there were three people in the car, the codefendant told the friend that the codefendant and the defendant killed the victim, and they showed the friend the body; the codefendant took money from the victim’s sock, and the codefendant and the defendant hid the body, retrieved the body, and buried the body, and the defendant was driving the victim’s car when the defendant was involved in an accident, which led to the discovery of the body. Shelton v. State, 279 Ga. 161, 611 S.E.2d 11 (2005). Evidence supported the defendant’s conviction of malice murder, possession of a firearm during the commission of a crime, and concealing the death of another; the victim was shot in the back of the head with the defendant’s gun in the woods behind the defendant’s family’s property, the victim’s body was found in a landfill two days later, the defendant’s friend confided to a friend that the defendant shot the victim and then called the friend to help dispose of the body, the friend confessed to the friend’s role in the concealment and secretly videotaped a conversation with the defendant about the shooting and, on the tape, the defendant bragged about killing the victim and demonstrated how the defendant did it. Bragg v. State, 279 Ga. 156, 611 S.E.2d 17 (2005). Evidence supported the defendant’s conviction for malice murder and possession of a firearm during the commission of a felony because the defendant admitted 16-5-1 taking money from the victim, arranging for a meeting with the victim, and not returning the money before shooting the victim. Flanders v. State, 279 Ga. 35, 609 S.E.2d 346 (2005). Evidence was sufficient to support a conviction for felony murder, voluntary manslaughter, and aggravated assault, as an eyewitness testified that the defendant was the only person to pull out a weapon in a confrontation at a nightclub, that the defendant fired a weapon at the victim, who had previously struck the defendant’s love interest, and at two other victims who were attempting to leave. Rodriguez v. State, 274 Ga. App. 549, 618 S.E.2d 177 (2005). Evidence was sufficient to support the defendant’s convictions for malice murder and aggravated assault, in violation of O.C.G.A. §§ 16-5-1 and 16-5-21, respectively, as well as for possession of a firearm during a felony, because the defendant was identified by multiple witnesses as having fatally shot the victim; the defendant and some friends joined the victim’s basketball game and when their team lost, the defendant took the bet money, pulled out a gun, and started firing at the victim and the teammates. Agee v. State, 279 Ga. 774, 621 S.E.2d 434 (2005). Evidence was sufficient to support the defendant’s conviction for felony and malice murder, and aggravated assault, in violation of O.C.G.A. §§ 16-5-1 and 16-5-21, as well as possession of a firearm conviction, because the defendant helped a sibling retaliate against the victim, who had previously sold the sibling fake drugs, by going to the victim’s place of work, fatally shooting the victim multiple times, and planting fake drugs on the body; the defendant’s claim that the defendant was in another state at the time of the incident was refuted by a copy of the defendant’s criminal history which showed that the defendant was out on bail just days before the incident, as well as testimony from the victim’s roommate. Copprue v. State, 279 Ga. 771, 621 S.E.2d 457 (2005). Defendant’s convictions for malice murder, burglary, robbery, aggravated assault, and concealing the death of another were supported by sufficient evidence because: (1) the defendant broke into the office 521 Application (Cont’d) 1. In General (Cont’d) where the victim was living; (2) the defendant hit the victim several times on the head and body with a pair of pliers; (3) the defendant choked the victim until the victim was dead; (4) the defendant took the victim’s credit card and driver’s license; and (5) the defendant disposed of the victim’s body. Young v. State, 280 Ga. 65, 623 S.E.2d 491 (2005). When a bloody jogging suit belonging to the defendant was found at the defendant’s love interest’s house with the victim’s blood on the suit, witnesses described the defendant wearing that same jogging suit after the shooting, and a .380 pistol was found hidden in a cinder block at the defendant’s love interest’s house that matched the type of gun used to kill the victim, the defendant’s convictions for malice murder and other related crimes with regard to the killing of the defendant’s love interest’s neighbor was upheld on appeal since such circumstantial evidence was sufficient to allow the jury to have found the defendant guilty beyond a reasonable doubt. Hooks v. State, 280 Ga. 164, 626 S.E.2d 114 (2006). Convictions for kidnapping, aggravated assault, and malice murder, in violation of O.C.G.A. §§ 16-5-40, 16-5-21, and 16-5-1, respectively, were supported by sufficient evidence after the defendant got into a dispute with the victim over a drug deal, the defendant and the codefendants kidnapped the victim, drove the victim to a remote area, and shot the victim several times. Morris v. State, 280 Ga. 179, 626 S.E.2d 123 (2006). Evidence that three unarmed people went to talk to that defendant about rumors that the defendant wanted to harm them, and that, when one approached the defendant, the defendant fired five shots in their direction, killing one of them, was sufficient to support convictions for felony murder and aggravated assault. Traylor v. State, 280 Ga. 400, 627 S.E.2d 594 (2006). Malice murder and attempted arson convictions were upheld as: (1) the evidence presented showed that an attempted arson was inextricably linked to the victim’s murder, and the jury was 16-5-1 authorized to find beyond a reasonable doubt that the defendant was guilty; (2) the admission of two handwritten documents that the defendant had penned was proper as their prejudicial impact did not outweigh their probative value; and (3) the trial court did not abuse the court’s discretion in determining that any prejudicial impact of a religious prayer asking for strength, and an expression of uncertainty as to what ‘‘makes me tick,’’ did not outweigh the probative value of the evidence. Fortson v. State, 280 Ga. 376, 628 S.E.2d 104 (2006). Convictions of malice murder and possession of a firearm during the commission of a felony were supported by sufficient evidence, including the proper introduction of the pretrial statement of a witness who identified the defendant as the shooter in the murder, and the pretrial statement of a second witness who claimed that the defendant had admitted that the defendant had killed someone five hours after the fatal shooting and that the witness had frequently seen the defendant carrying the sort of pistol that fired the fatal shots. Cummings v. State, 280 Ga. 831, 632 S.E.2d 152 (2006). Convictions of murder, aggravated assault, and possession of a firearm by a convicted felon were supported by sufficient evidence showing that while the victim was in the process of buying drugs from a third party, the defendant approached the driver’s side of the victim’s car, demanded the victim’s money, and shot the victim several times; the seller of the drugs testified that the seller had observed the defendant carrying a gun, and both the codefendant and another witness identified the defendant as the shooter. Major v. State, 280 Ga. 746, 632 S.E.2d 661 (2006). Evidence supported a defendant’s conviction for malice murder and aggravated assault as: (1) when a cab driver arrived to pick up a passenger at the defendant’s apartment, the defendant was waiting outside and told the cab driver to wait while the defendant returned to the apartment; (2) the cab driver heard several gunshots immediately before the defendant ran to the cab and told the cab driver to ‘‘go’’; (3) during the ride, the cab driver 522 observed drops of blood on the defendant’s clothing and overheard the defendant state in a cell phone call that the defendant ‘‘got the guy who owed (the defendant) money’’; (4) the police traced the phone call to the defendant’s relative; and (5) the defendant later confided to a friend that the defendant shot and killed someone, that the defendant left in a cab, and that the defendant made a phone call with the cab driver’s phone. Puga-Cerantes v. State, 281 Ga. 78, 635 S.E.2d 118 (2006). Evidence supported a defendant’s convictions for malice murder, felony murder, aggravated assault with a deadly weapon, and possession of a firearm during the commission of a felony as: (1) the defendant repeatedly followed the victim in and out of a restaurant, and eventually chased the victim from the restaurant, firing at the victim at least nine times; (2) after the shooting, the defendant jumped into a silver truck and sped away; (3) the victim died as a result of the gunshot wounds; and (4) two witnesses identified the defendant from photographic lineups. Waters v. State, 281 Ga. 119, 636 S.E.2d 538 (2006). Evidence supported a defendant’s conviction of malice murder and possession of a firearm during the commission of a felony as: (1) believing that the victim was involved in the murder of the defendant’s brother five months before the incident, the defendant told a first witness that the defendant intended to kill the victim and offered to pay the first witness for information as to the victim’s whereabouts; (2) a second witness saw the defendant and two other men approach the victim, call out the victim’s name, and open fire on the victim as the victim ran away; (3) the victim died from gunshot wounds; (4) the second witness had met the defendant and, after the shooting, the second victim noticed the defendant’s gold teeth, and identified the defendant by the defendant’s street name from a photographic lineup and in court; and (5) the defendant threatened to kill the second witness if the second witness testified against the defendant. Woodruff v. State, 281 Ga. 235, 637 S.E.2d 391 (2006). Evidence supported a defendant’s conviction for malice murder, aggravated assault, and possession of a firearm in the 16-5-1 commission of a felony as: (1) during a van ride, the defendant fought with an assault victim, striking the assault victim in the head with a gun, and was told to stop hitting the assault victim; (2) a gunshot was heard and the passengers saw a murder victim lying dead and the defendant holding the gun; (3) the gun was inside the murder victim’s mouth when the gun was fired; (4) the assault victim and another passenger fled; and (5) the defendant and an accomplice dumped the body in an industrial area. Johnson v. State, 281 Ga. 229, 637 S.E.2d 393 (2006). Evidence supported a defendant’s conviction for malice murder and assault as: (1) the defendant told a first witness that the defendant had killed a man; (2) the defendant had tried to sell the victim’s car; (3) the defendant admitted to police that the defendant had the key to the victim’s car; and (4) the defendant told a fellow prisoner that the defendant and an accomplice strangled the victim, beat the victim, stabbed the victim, cut the victim’s throat, and tore out the victim’s fingernails. Richard v. State, 281 Ga. 401, 637 S.E.2d 406 (2006). Defendant’s malice murder and aggravated assault convictions were upheld on appeal, as supported by sufficient evidence, including that: (1) the defendant, along with two codefendants, fired numerous shots into a crowd in an attempt to shoot several men with whom they had been feuding; (2) one of the codefendants later told a friend that the three committed the crimes; (3) one of the defendant’s friends saw the defendant with a shotgun shortly after the shooting, the shotgun had red shells, and the defendant told the friend that the gun had been used in the shootings; and (4) forensic evidence later confirmed that red shotgun shells were found at the scene. Adkins v. State, 281 Ga. 301, 637 S.E.2d 714 (2006). Evidence was sufficient to support the convictions of murder, armed robbery, aggravated assault, burglary, and a statutory violation, all in violation of O.C.G.A. §§ 16-5-1, 16-8-41, 16-5-21, 16-7-1, and 16-11-106, respectively, when the defendant and the codefendant went to a club with the intention of robbing someone, met the victim and drove the victim back 523 Application (Cont’d) 1. In General (Cont’d) to the victim’s home, beat and fatally stabbed the victim, and upon leaving the victim’s apartment, took some of the victim’s belongings. Willoughby v. State, 280 Ga. 176, 626 S.E.2d 112 (2006). Sufficient evidence supported convictions of felony murder, armed robbery, aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm in the commission of a felony when, upon pulling into an apartment complex to turn around and ask for directions, the victims were approached by the defendant and another man, defendant pulled out a gun and told the victims to ‘‘give it up,’’ when one of the victims hesitated, defendant shot the victim, defendant then stole that victim’s money and jewelry, and later, the gunshot victim died; the second victim described defendant, who was wearing a specific jersey at the time of the crimes, and two witnesses who knew defendant testified that defendant robbed and shot the victim while wearing that jersey. Davis v. State, 280 Ga. 442, 629 S.E.2d 238 (2006). Defendant’s conviction for malice murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon was supported by the evidence as: (1) the defendant told the defendant’s love interest that the defendant knew who had taken the defendant’s drugs from a motel room and that the defendant was going to get the drugs; (2) the defendant and an accomplice forced someone with something ‘‘glossy’’ on the person’s forehead; (3) the defendant told the driver to stop at a secluded area so that the defendant could put the person ‘‘somewhere safe’’; (4) the defendant threw a gun from a bridge on the return; (5) the defendant instructed the driver to clean blood from the car’s backseat; and (6) the defendant told the defendant’s love interest that the defendant had killed the person who had the defendant’s drugs and told a cell mate that the defendant had shot a person. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 2d 50 (2007). 16-5-1 Defendant’s convictions for malice murder, aggravated battery, burglary, and violation of the Georgia Controlled Substances Act by unlawfully possessing cocaine and marijuana were supported by sufficient evidence; the defendant walked into a neighbor’s house with a butcher knife in each hand and stabbed two people, knives found in the woods behind the defendant’s apartment matched the descriptions of those used in the stabbings and had deoxyribonucleic acid matching the defendant’s, two knives were missing from a knife block in the defendant’s apartment, marijuana and cocaine were found in the apartment, the defendant told a friend that the defendant had ‘‘hurt some people really bad,’’ and three eyewitnesses identified the defendant as the assailant. Swanson v. State, 282 Ga. 39, 644 S.E.2d 845 (2007). Evidence was sufficient to support the three defendants’ convictions of malice murder, aggravated assault, and possession of a firearm during the commission of a felony since: the victims were shot from a gold SUV and the first defendant owned a gold SUV; the first defendant, who had been robbed the day before, stated that the first defendant ‘‘wanted to straighten about the money’’; the third defendant met the first two defendants at a hotel and transferred weapons into the gold SUV; the first defendant pointed to a person outside the hotel and said ‘‘Let him have it’’; and the third defendant later wondered if one of the victims was dead. Stokes v. State, 281 Ga. 875, 644 S.E.2d 116 (2007). Evidence supported the defendant’s convictions of malice murder, two counts of felony murder, kidnapping with bodily injury, two counts of armed robbery, and aggravated battery after: the defendant had been seen fleeing the victim’s home in a car registered to the defendant; the defendant told the defendant’s spouse to discard the defendant’s bloody clothing; the defendant sought treatment at a hospital after being shot during the crimes; and the defendant had initiated conversations in which the defendant described the actions of the defendant’s companions in discarding guns used in the crimes and offered to reveal the names of the compan- 524 ions in exchange for not being charged with murder. Davis v. State, 281 Ga. 871, 644 S.E.2d 113 (2007). Evidence supported the defendant’s convictions of malice murder, felony murder, armed robbery, aggravated assault, and possession of a firearm during the commission of a felony after the defendant went to the victim’s laundromat and waited until the victim opened a change machine, pointed a gun at the victim’s head and ordered the victim to put the money in a bag, told the victim, ‘‘Hell, yeah, I’ll kill you,’’ and shot the victim multiple times; eyewitnesses, including two who knew the defendant, identified the defendant as the perpetrator. Cooper v. State, 281 Ga. 760, 642 S.E.2d 817 (2007). Evidence, which included uncontroverted testimony from an eyewitness who saw a defendant order a store employee into the street shortly before the employee was shot, the testimony of two other eyewitnesses, and the fact that calls had been made from the employee’s stolen cellular phone to the defendant’s mother was sufficient to enable a rational trier of fact to find the defendant guilty beyond a reasonable doubt of malice murder, armed robbery, and a number of other associated crimes. Horne v. State, 281 Ga. 799, 642 S.E.2d 659 (2007). Evidence sufficient to support convictions of malice murder, felony murder, and possession of a knife during the commission of a felony, based on the defendant’s telephone call to a friend admitting to the murder; and expert medical testimony which explained how the killing was committed and how the defendant ‘‘worked up the courage’’ to inflict the deep cut that stretched across the victim’s throat, severing the victim’s left carotid artery and right internal jugular vein, causing the victim to bleed to death; further, the defendant had sufficient notice of the specific deadly weapon allegedly used for purposes of the felony murder charge by the language in count three. Jones v. State, 282 Ga. 47, 644 S.E.2d 853 (2007). Knife used as murder weapon. — There was sufficient evidence to support a defendant’s convictions of malice murder, felony murder, armed robbery, aggravated 16-5-1 assault, attempted burglary, and possession of a firearm by a convicted felon; in addition to testimony by a codefendant and eyewitness testimony by the victim’s spouse, the victim’s blood was on the defendant’s clothes, the defendant had the victim’s keys, and the knife used to kill the victim and a pistol were discovered near the site of the defendant’s arrest in some woods near the scene of the crime. Walker v. State, 282 Ga. 774, 653 S.E.2d 439 (2007), cert. denied, 129 S. Ct. 481, 172 L.Ed.2d 344 (2008), overruled on other grounds, No. S10P1859, 2011 Ga. LEXIS 267 (Ga. 2011). Because sufficient evidence was presented to support the defendant’s aggravated assault and felony murder convictions, and there was plenty of evidence to authorize the jury to find that the defendant lied in order to support a self-defense claim, sufficient evidence was presented to uphold the convictions on appeal. Bradley v. State, 283 Ga. 45, 656 S.E.2d 842 (2008). Defendant’s convictions were upheld on appeal because sufficient testimonial, identification, and physical evidence was presented to support the defendant’s convictions of malice murder, felony murder, and possession of a firearm during the commission of a crime so that the jury could reject the defendant’s self-defense claim. Rivers v. State, 283 Ga. 1, 655 S.E.2d 594 (2008). Evidence supported convictions of malice murder, aggravated assault, burglary, and possession of a firearm during the commission of a crime. The victim had been struck twice in the head with a pistol, strangled, and shot twice in the head; the victim’s wallet and keys were missing; and the defendant, who told police where the wallet could be found, admitted shooting the victim and claimed that the defendant had done so after the victim tried to hug and kiss the defendant and things got ‘‘ugly.’’ Brown v. State, 283 Ga. 327, 658 S.E.2d 740 (2008). Evidence supported the defendant’s convictions for malice murder, felony murder, aggravated assault, armed robbery, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a crime. The four vic- 525 Application (Cont’d) 1. In General (Cont’d) tims were found dead in two hotel rooms from gunshot wounds to the back of their heads; identification documents belonging to the four victims were found in the defendant’s car; there was expert testimony that the defendant’s gun had been used to kill the victims; the defendant’s baseball cap contained one victim’s deoxyribonucleic acid; there was evidence that the defendant and two friends used three victims’ tickets to attend a football game after the victims were murdered; the defendant was identified as being in an elevator with one victim; the defendant was seen leaving the hotel with one victim’s cooler; and a duffle bag belonging to one victim was in the defendant’s car when the defendant was arrested on weapons charges. Dawson v. State, 283 Ga. 315, 658 S.E.2d 755 (2008), cert. denied, 129 S. Ct. 169, 172 L.Ed.2d 122 (2008). Evidence was sufficient to enable a rational trier of fact to find the defendant guilty of malice murder and possession of a firearm during the commission of a crime because both of the defendant’s accomplices placed the defendant at the scene of the crime and provided a detailed account of the murder. Lawrence v. State, 286 Ga. 533, 690 S.E.2d 801 (2010). Exclusion of victim’s prior bad acts. — Defendant’s felony murder and aggravated assault convictions were both upheld on appeal, as evidence of the victim’s prior violent acts was properly excluded, given that at the time of the confrontation with the defendant, the victim was no longer the aggressor, and the defendant failed to show prejudice resulting from the admission of a knife that was not used in the altercation, into evidence, and in fact, the knife had been removed from the scene by police before the incident involving the defendant and the victim occurred. Milner v. State, 281 Ga. 612, 641 S.E.2d 517 (2007). Felony murder based on arson. — Sufficient evidence was presented to support a finding of felony murder based on arson in the first degree as O.C.G.A. § 16-7-60(a) did not require that a defen- 16-5-1 dant personally set the fire or possess ignitable materials and the defendant knowingly damaged property by adding tires to the fire; additionally, based on the defendant’s statements at the scene, the defendant was aware that human life might be endangered under § 16-7-60(a)(5) because the defendant indicated that the defendant knew someone was inside the building. Vega v. State, 285 Ga. 32, 673 S.E.2d 223 (2009). Conviction of murder, aggravated assault, and possession of firearm by convicted felon justified. — See Brooks v. State, 250 Ga. 739, 300 S.E.2d 810 (1983). Evidence was sufficient to enable a rational trier of fact to find appellant guilty of murder, aggravated assault with a deadly weapon, and possession of a firearm by a convicted felon beyond a reasonable doubt. Hall v. State, 264 Ga. 85, 441 S.E.2d 245 (1994). Conviction of murder rather than voluntary manslaughter justified. — See Bryant v. State, 250 Ga. 874, 301 S.E.2d 881 (1983). Evidence sufficient to support conviction for offense of felony murder. — See Bethea v. State, 251 Ga. 328, 304 S.E.2d 713 (1983); Middlebrooks v. State, 253 Ga. 707, 324 S.E.2d 192 (1985); Appling v. State, 256 Ga. 36, 343 S.E.2d 684 (1986); Thomas v. State, 256 Ga. 176, 345 S.E.2d 350 (1986); Huston v. State, 256 Ga. 276, 347 S.E.2d 556 (1986); Hunter v. State, 256 Ga. 372, 349 S.E.2d 389 (1986); Jefferson v. State, 256 Ga. 821, 353 S.E.2d 468 (1987), cert. denied, 511 U.S. 1046, 114 S. Ct. 1577, 128 L. Ed. 2d 220 (1994); Shealey v. State, 257 Ga. 437, 360 S.E.2d 266 (1987); Zackery v. State, 257 Ga. 442, 360 S.E.2d 269 (1987); Webber v. State, 257 Ga. 533, 361 S.E.2d 145 (1987); Delay v. State, 258 Ga. 229, 367 S.E.2d 806, cert. denied, 488 U.S. 850, 109 S. Ct. 132, 102 L. Ed. 2d 105 (1988); Jones v. State, 258 Ga. 249, 368 S.E.2d 313 (1988); Anderson v. State, 258 Ga. 278, 368 S.E.2d 508 (1988); Martin v. State, 258 Ga. 300, 368 S.E.2d 515 (1988); Blackwell v. State, 259 Ga. 810, 388 S.E.2d 515 (1990); Stoudemire v. State, 261 Ga. 49, 401 S.E.2d 482 (1991); Griffin v. State, 199 Ga. App. 646, 405 S.E.2d 877 526 (1991), cert. denied, 199 Ga. App. 906, 405 S.E.2d 877 (1991); Weaver v. State, 262 Ga. 196, 415 S.E.2d 640 (1992); Jackson v. State, 263 Ga. 468, 435 S.E.2d 442 (1993); Lark v. State, 263 Ga. 573, 436 S.E.2d 1 (1993); Smiley v. State, 263 Ga. 716, 438 S.E.2d 75 (1994); Scott v. State, 276 Ga. 195, 576 S.E.2d 860 (2003); Edwards v. State, 282 Ga. 259, 646 S.E.2d 663 (2007); Spiller v. State, 282 Ga. 351, 647 S.E.2d 64 (2007), cert. denied, 552 U.S. 1079, 128 S. Ct. 812, 169 L. Ed. 2d 612 (2007); Curinton v. State, 283 Ga. 226, 657 S.E.2d 824 (2008); Carter v. State, 283 Ga. 76, 656 S.E.2d 524 (2008). The state’s evidence was sufficient to authorize a rational trier of fact to find proof of appellant’s guilt of felony murder beyond a reasonable doubt. Leavitt v. State, 264 Ga. 178, 442 S.E.2d 457 (1994). Evidence was sufficient to enable a rational trier of fact to find each defendant guilty of malice murder, felony murder predicated on aggravated assault, and aggravated assault. Whitaker v. State, 269 Ga. 462, 499 S.E.2d 888 (1998). Evidence was sufficient to support the defendant’s conviction of felony murder of the defendant’s spouse, where the record revealed that the spouse had seen the defendant’s car at the defendant’s paramour’s house and let the defendant know that the spouse was aware the defendant was there, that the spouse never carried a gun, that the defendant had repeatedly physically abused the spouse and had pointed a gun at the spouse previously, and that the defendant’s explanation that when the defendant entered their home the spouse was pointing a gun at the defendant which accidentally went off was contradicted by the fact that the gun had to be cocked in order to be shot and that the spouse had never owned a gun nor been the aggressor in their disputes. Jones v. State, 276 Ga. 253, 577 S.E.2d 560 (2003). Evidence was sufficient to support conviction of malice murder, felony murder, burglary, aggravated assault, kidnapping with bodily injury, and possession of a firearm during the commission of a felony after the defendant: (1) planned the crimes, and armed the defendant with a gun and handcuffs; (2) broke into the 16-5-1 defendant’s in-laws’ house after severing their phone line; (3) shot and killed the defendant’s father-in-law and wounded the defendant’s mother-in-law while they lay in bed; (4) handcuffed the defendant’s bleeding mother-in-law to the mother-in-law’s nine-year-old child and left them tethered to a bed rail in a room with the mother-in-law’s dead spouse and the defendant’s two-year-old child; and (5) abducted the defendant’s estranged spouse and the spouse’s 17-year-old sibling to a mobile home where the defendant made them take showers while the defendant watched, and then raped them both. Sallie v. State, 276 Ga. 506, 578 S.E.2d 444, cert. denied, 540 U.S. 902, 124 S. Ct. 251, 157 L. Ed. 2d 185 (2003). Evidence was legally sufficient to support the defendant’s felony murder conviction, as it showed that the defendant and an accomplice entered a convenience store, that one of them shot the clerk to death while the other stole cigarettes, that police received a tip leading to the arrest of the defendant and an accomplice, and that the defendant admitted going to the store to rob it and to being present while the accomplice shot the clerk. Williams v. State, 276 Ga. 384, 578 S.E.2d 858 (2003). Evidence was sufficient to convict defendant of causing the victim’s death while committing an aggravated battery against the victim, in violation of O.C.G.A. §§ 16-5-1(c) and 16-5-24, because defendant was seen walking toward the residence defendant shared with the victim, after a neighbor had called the police to report a disturbance there, carrying a gas can that appeared to be heavy, and, therefore, not empty, after which the victim was seen on the porch of the residence, in flames, and defendant, who was sitting on the porch, refused the requests of passersby attempting to give the victim assistance by providing a blanket to smother the flames, which caused the victim’s death shortly thereafter. Lowe v. State, 276 Ga. 538, 579 S.E.2d 728 (2003). Evidence that showed that a victim died from a gunshot wound to the chest, that police found the victim’s property on the defendant when the defendant was arrested, and that witnesses heard the shots and saw the defendant running away from 527 Application (Cont’d) 1. In General (Cont’d) the scene of the shooting was sufficient to sustain the defendant’s convictions for malice murder, armed robbery, and possession of a firearm during the commission of a crime, and the trial court did not err when it gave the jury an Allen charge during the defendant’s trial or because it did not instruct the jury on involuntary manslaughter as a lesser included offense. Johnson v. State, 278 Ga. 136, 598 S.E.2d 502 (2004). Evidence that the defendant fatally shot the victim during a scuffle in a robbery attempt and told the police that the defendant was shot by a robber was sufficient to support the defendant’s conviction for felony murder, aggravated assault, making a false statement to law enforcement officers, and giving a false name to law enforcement officers. Sampson v. State, 279 Ga. 8, 608 S.E.2d 621 (2005). Evidence was sufficient to support the defendant’s conviction for malice murder, felony murder during the commission of a kidnapping, and kidnapping because the defendant refused to turn a car around or to stop and let the victim exit the car; after the victim grabbed the steering wheel and fled the car, the defendant fatally shot the victim. Pruitt v. State, 279 Ga. 140, 611 S.E.2d 47, cert. denied, 546 U.S. 866, 126 S. Ct. 165, 163 L. Ed. 2d 152 (2005). There was sufficient evidence to support a conviction of felony murder in violation of O.C.G.A. § 16-5-1, as well as possession of a weapon in the commission of a crime when the defendant purchased the gun three months earlier from a man the defendant did not know, told the man that the defendant should not have been in possession of the firearm because of the defendant’s status as a convicted felon, and later fatally shot the victim with the gun. Shepherd v. State, 280 Ga. 245, 626 S.E.2d 96 (2006). Felony murder conviction was supported by sufficient evidence that, after the victim confronted the defendant about a comment made to the victim’s wife, the defendant stabbed the victim to death; witnesses saw the defendant fighting with the victim, saw the defendant fold up a 16-5-1 knife after the victim fell, and the defendant admitted to stabbing the victim. Williams v. State, 280 Ga. 297, 627 S.E.2d 32 (2006). Sufficient evidence supported convictions of murder, felony murder, and possession of a firearm during the commission of a crime after the defendant confessed to an officer that the defendant shot and killed the victim and expert testing of blood on one of the defendant’s shoes established that the blood matched the victim’s DNA; the jury was free to reject the defendant’s claim at trial that a third party shot the victim in the course of an unprovoked attack on the defendant. Glover v. State, 280 Ga. 476, 629 S.E.2d 249 (2006). Defendant’s convictions of murder, felony murder, armed robbery, burglary, possession of a firearm during the commission of an armed robbery, and possession of a firearm during the commission of a burglary were supported by sufficient evidence that, the day before the three murder victims were found shot in the head, the defendant borrowed the defendant’s sibling’s car to visit one of the victims, who owed the defendant money, the defendant admitted going to the victims’ home twice on the day of the murders, but stated that the victims were not home during either visit, neighbors heard gunshots around the home at approximately 7:30 P.M., near the last time that the two younger victims were heard from, and again at 10:00 P.M. that evening, when the older victim returned home for the day, a number of items stolen from the victims’ home at the time of the murders were subsequently found in a dumpster next to a storage locker the defendant shared with a love interest, the items were contained in plastic bags which had the defendant’s fingerprints on them, and the plastic bags came from a roll of trash bags found in the trunk of the car which the defendant borrowed on the day of the murders. Griffin v. State, 280 Ga. 683, 631 S.E.2d 671 (2006). Felony murder conviction was upheld on appeal as supported by: (1) the admission of sufficient evidence; (2) a photo of the victim which was not overly gruesome and inflammatory; (3) the trial court’s proper denial of evidence of the victim’s 528 character; and (4) despite an error in denying admission of provocation evidence that error was deemed harmless and did not contribute to the verdict. McWilliams v. State, 280 Ga. 724, 632 S.E.2d 127 (2006). Convictions of felony murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon were supported by sufficient evidence showing that, during an argument involving the defendant and the two victims, the defendant told one of the victims to go get the victim’s guns, adding that the defendant had guns, the victim went to the victim’s vehicle and retrieved two handguns, approached with arms crossed and a gun in each hand, and the defendant took a gun out of the waistband of the defendant’s pants and started shooting, wounding one victim and killing the other victim. McKee v. State, 280 Ga. 755, 632 S.E.2d 636 (2006). Defendant’s conviction for felony murder was affirmed as the evidence supported the conviction since: (1) the victim was fatally shot in the eye during an argument with the defendant; (2) the defendant threw the gun into a lake while taking the victim to the hospital; and (3) the defendant initially blamed the victim’s injury on a drive-by shooting and then on a family acquaintance, but ultimately, at trial, claimed the shooting was due to an accident that occurred when the defendant was trying to un-jam a handgun. Peterson v. State, 280 Ga. 875, 635 S.E.2d 132 (2006). Sufficient evidence supported the defendant’s convictions of two counts of felony murder under O.C.G.A. § 16-5-1, armed robbery under O.C.G.A. § 16-8-41, aggravated assault under O.C.G.A. § 16-5-21, possession of a firearm during the commission of a felony under O.C.G.A. § 16-11-106, and possession of a firearm by a first offender probationer under O.C.G.A. § 16-11-131; two witnesses testified that the defendant had told them that the defendant shot the victim, and one of the witnesses testified that the defendant stated that the shooting occurred during a robbery, the defendant discarded a gun that was later found to be the murder weapon while fleeing police on 16-5-1 another crime, and the defendant admitted to police that the murder weapon was the defendant’s, that the defendant stole $100 from the victims, and that the defendant shot the murder victim. Chenoweth v. State, 281 Ga. 7, 635 S.E.2d 730 (2006). Evidence supported a defendant’s conviction of felony murder, aggravated assault, and possession of a firearm during the commission of a felony as: (1) the defendant told the victim that the defendant was going to shoot the victim and then the defendant shot the victim in the stomach, argued with the victim some more, and shot the victim again; (2) the victim never admitted cheating on the defendant; (3) after the second shot, the defendant and a friend took the victim to a hospital in a car; (4) while en route, the defendant persisted in the defendant’s efforts to get the victim to admit to cheating on the defendant; and (5) the defendant wiped down the revolver and threw it out of the car. Durham v. State, 281 Ga. 208, 636 S.E.2d 513 (2006). Defendant’s felony murder conviction was upheld on appeal, given: (1) the sufficiency of the state’s testimonial evidence; (2) that trial counsel was not ineffective in failing to properly advise the defendant of a plea offer or by failing to make meritless objections; and (3) the trial court’s prompt and pointed curative instruction after an inadvertent placement of the defendant’s character into evidence did not warrant a mistrial. Hunter v. State, 281 Ga. 526, 640 S.E.2d 271 (2007). Because a sufficient foundation was presented to support the admission of a witness’s voice identification testimony, and ‘‘prior difficulties’’ evidence was properly admitted, the defendant’s felony murder and possession of a firearm during the commission of a crime convictions were upheld on appeal. Withers v. State, 282 Ga. 656, 653 S.E.2d 40 (2007). Evidence was sufficient to support the defendant’s felony conviction murder under circumstances in which, after an argument between the victim, who was the defendant’s brother, and their father, the defendant was called to come to the father’s home, the defendant and the victim argued outside the house in the street, the defendant threatened the victim, and then 529 Application (Cont’d) 1. In General (Cont’d) hit the victim, knocking the victim to the ground; the victim next got up and began running away from the defendant towards a stop sign at the end of the street, and the defendant shot the victim as the victim ran away, hitting the victim in the back of the head and killing the victim. Carter v. State, 285 Ga. 565, 678 S.E.2d 909 (2009). Right to counsel for re-sentencing. — Defendant’s re-sentencing without court-appointed counsel to represent the defendant was affirmed as the trial court was simply instructed to merge the defendant’s armed robbery conviction into the defendant’s felony murder conviction; as the trial court had no discretion in the matter and its re-sentencing of the defendant was a ministerial act, the re-sentencing was proper. Robertson v. State, 280 Ga. 885, 635 S.E.2d 138 (2006). Felony murder conviction held reasonable despite self-defense contention. — After the victim threw the hot contents of a frying pan at the defendant and the defendant then drew a knife from the defendant’s blouse and stabbed the victim numerous times, but there were no eyewitnesses to the stabbing other than the victim and defendant, and the defendant testified the defendant stabbed the victim in self-defense in the belief that the victim was reaching into the victim’s pocket for a weapon and that, while the defendant had meant to ‘‘hurt’’ the victim, the defendant had not intended to kill the victim, a rational trier of fact could have found the defendant guilty of the crime of felony murder beyond a reasonable doubt by causing the victim’s death while committing the felony of aggravated assault. Henderson v. State, 256 Ga. 486, 350 S.E.2d 236 (1986). Though the victim was approaching the defendant when the defendant fatally shot the victim at a distance of three feet, the evidence was sufficient to convict the defendant of aggravated assault and felony murder despite the defendant’s claim of self-defense as the defendant decided to confront the victim and beat the victim up, retrieved a gun from a car, and lied to police about the victim’s pulling a knife 16-5-1 before the shooting. McNeil v. State, 284 Ga. 586, 669 S.E.2d 111 (2008). Evidence sufficient for establishing malice. — Evidence showing that defendant took a perverse and sadistic pleasure in the killing of other human beings was clearly sufficient for finding malice aforethought. Harper v. State, 251 Ga. 183, 304 S.E.2d 693 (1983), appeal dismissed, 286 Ga. 216, 686 S.E.2d 786 (2009). Rational trier of fact could have found defendant guilty of malice murder beyond a reasonable doubt. Massengale v. State, 264 Ga. 51, 441 S.E.2d 238 (1994). Evidence, including money, a weapon and the victim’s personal effects and testimony as to defendant’s behavior, was sufficient to support defendant’s conviction for malice murder. Jenkins v. State, 269 Ga. 282, 498 S.E.2d 502 (1998), cert. denied, 525 U.S. 968, 119 S. Ct. 416, 142 L. Ed. 2d 338 (1998). Conspirator liability. — Defendant’s conviction of malice murder, O.C.G.A. § 16-5-1, was supported by sufficient evidence; the state did not have to show that the defendant actually shot the victims, as the fact that the defendant and others conspired to commit the crime allowed any of the conspirators to be found guilty of the murders. Jones v. State, 279 Ga. 854, 622 S.E.2d 1 (2005). Evidence sufficient for conviction of voluntary manslaughter. — See Harper v. State, 182 Ga. App. 760, 357 S.E.2d 117 (1987). Double jeopardy did not prohibit retrial of kidnapping. — Defendant could be retried on a kidnapping charge under O.C.G.A. § 16-5-40(b) after the defendant was acquitted of felony murder under O.C.G.A. § 16-5-1(c) and a mistrial was declared on the underlying felony of kidnapping; the jury could have based its acquittal on the felony murder charge on factors other than the defendant’s participation in the crimes that preceded the homicide. State v. Lambert, 276 Ga. App. 668, 624 S.E.2d 174 (2005). Double jeopardy not found when one conviction based on federal charges. — Fact that the defendant had been convicted in federal court of possession of a firearm under 18 U.S.C. § 922 did not bar a felony murder prosecution in 530 state court on double jeopardy grounds as the state had to prove facts in the felony murder case that were not required to be proved in the federal case. Moreover, the federal offense, which required that a firearm be possessed in and affecting interstate commerce, was not within the concurrent jurisdiction of Georgia and under O.C.G.A. § 16-1-8(c) did not bar a subsequent prosecution for felony murder predicated on the underlying firearm possession charge. Marshall v. State, 286 Ga. 446, 689 S.E.2d 283 (2010). Subsequent prosecution barred by double jeopardy. — State’s re-prosecution of the defendant for felony murder was barred by double jeopardy after the jury found the defendant guilty of the voluntary manslaughter of the same victim because the jury was given a full opportunity to return a verdict on the felony murder charge, which the jury did; although no judgment of conviction or sentence was entered on the jury’s verdict of guilt on the felony murder charge, the defendant was placed in jeopardy of conviction of that charge in the first trial and could not, consistent with the Fifth Amendment’s double jeopardy clause, be placed at risk of conviction again. Williams v. State, 288 Ga. 7, 700 S.E.2d 564 (2010). Evidence sufficient for murder and rape conviction. — See Robinson v. State, 258 Ga. 279, 368 S.E.2d 513 (1988). Evidence was sufficient to convict the defendant of the rape and murder of a victim found next to a truck parked at a tire store because the defendant, who was homeless, lived and slept in the truck and had slept there the night before, DNA evidence confirmed the defendant had sex with the victim within 48 hours of the victim’s death, and the defendant had raped other women in motor vehicles, including the truck at the tire store. Willis v. State, 304 Ga. 122, 816 S.E.2d 656 (2018). Convictions as aider and abettor proper despite lack of personal involvement. — Despite the defendant’s contention that the crimes against a stabbing victim were solely committed by the codefendant, pursuant to O.C.G.A. § 16-2-20(a) ample evidence existed to conclude that the defendant either com- 16-5-1 mitted the crimes or was a party to the crimes, including that both the defendant and the codefendant drove to the stabbing victim’s home, that victim was stabbed to death, and the victim’s wallet and checkbook were stolen so that both the defendants could have money to buy more drugs. Odom v. State, 279 Ga. 599, 619 S.E.2d 636 (2005). Rule against mutually exclusive verdicts did not apply. — The rule against mutually exclusive verdicts did not apply to the verdicts returned by the jury of guilty on a charge of malice murder, but not guilty by reason of insanity, on a charge of aggravated assault. Taylor v. State, 282 Ga. 502, 651 S.E.2d 715 (2007). Guilty verdicts for involuntary manslaughter and as a party to the felony murder of the victim while in the commission of aggravated assault of the victim with a blunt object were not mutually exclusive as the verdicts were supported by evidence of separate acts, committed at separate moments during the night the victim was killed. Kipp v. State, 294 Ga. 55, 751 S.E.2d 83 (2013). Because conspiracy was a continuing crime and because defendant continued the defendant’s gang activities after turning 18 years old, 18 U.S.C. § 1963(a) allowed an enhancement to a life sentence due to a jury finding that, when defendant was 16 years old, defendant also committed a murder in connection with the Racketeer Influenced and Corrupt Organizations Act (RICO) violations, even though the murder charge had been dismissed because the Attorney General had not certified the case to be tried in federal court as would have been required under 18 U.S.C. § 5032 of the Juvenile Delinquency Act; under O.C.G.A. § 16-5-1(d), the murder was ‘‘racketeering activity’’ for purposes of 18 U.S.C. 1961(1) and in the context of a RICO conspiracy, because defendant continued the defendant’s participation in the activities of the conspiracy past the age of majority, the crimes committed while the defendant was a minor could be considered for both determining guilt and the defendant’s sentence. United States v. Flores, 572 F.3d 1254 (11th Cir. 2009), cert. denied, U.S. , 130 S. Ct. 1108, 175 L. Ed. 2d 921 (2010). 531 Application (Cont’d) 1. In General (Cont’d) Aggravating circumstance found beyond a reasonable doubt. — Evidence adduced at trial was sufficient to authorize a rational trier of fact to find beyond a reasonable doubt the existence of statutory aggravating circumstances because the jury found the existence of the following statutory aggravating circumstances beyond a reasonable doubt; the murder was committed while the defendant was engaged in the commission of the capital felony of armed robbery, and the murder was outrageously or wantonly vile, horrible, or inhuman in that it involved depravity of mind: (1) the defendant initially attacked the victim, who was disabled, in the confined area of a bathroom, where the defendant struck the victim multiple times shortly after the victim emerged from the shower; (2) the defendant continued the attack on the victim even as the victim fell to the floor; (3) the evidence showed that the defendant struck the victim in the head with a hammer and a metal stool at least 12 to 14 times; and (4) the defendant acted for the purpose of obtaining money the victim had just received from cashing the victim’s disability check. Arrington v. State, 286 Ga. 335, 687 S.E.2d 438 (2009), cert. denied, 131 S. Ct. 112, 178 L. Ed. 2d 69 (U.S. 2010). 2. Children as Victims When a child born alive afterward dies by reason of bruises inflicted on the child, before birth, by the beating of the child’s mother, the offense is murder. Ranger v. State, 249 Ga. 315, 290 S.E.2d 63 (1982). Evidence insufficient for murder of baby. — Defendant’s conviction for felony murder of the baby was not supported by sufficient evidence as there was no proof that the murder of the adult victim proximately caused the baby’s death. Walker v. State, 296 Ga. 161, 766 S.E.2d 28 (2014). Evidence sufficient for murder of infant child. — Evidence was sufficient to permit a rational trier of fact to find that a female defendant’s infant son was born alive, had a separate and indepen- 16-5-1 dent existence from the defendant, was murdered by the defendant, and the body subsequently concealed by the defendant, all beyond a reasonable doubt. Life v. State, 261 Ga. 709, 410 S.E.2d 421 (1991). Trial court did not err in denying the codefendant’s motion for a directed verdict of acquittal because the circumstantial evidence the state presented was sufficient to authorize a rational trier of fact to find the codefendant guilty beyond a reasonable doubt of the malice murder of a girlfriend’s child; both the girlfriend and the codefendant were with the child during the time period within which the fatal injuries were believed to have been inflicted upon the child. Smith v. State, 290 Ga. 428, 721 S.E.2d 892 (2012). Sufficient evidence of malice in death of a child. — Sufficient evidence supported a malice murder conviction arising from the death of an 18-month-old child because: (1) the defendant took the child into a bathroom of a house; (2) a witness testified that the child was fine before the defendant took the child into the bathroom; (3) after 10 minutes, the defendant came out and asked the witnesses to call 9-1-1; (4) the child was taken to a hospital and pronounced dead; (5) a paramedic testified, inter alia, that the child had large, unusual bruises on the child’s abdomen, chest, and back; and (6) a doctor concluded that the child’s death was caused by severe internal injuries that could only have been caused by significant blunt force. McMiller v. State, 278 Ga. 706, 606 S.E.2d 247 (2004). Cruelty to child as underlying felony in felony murder. — There was sufficient evidence to support a conviction of felony murder, with cruelty to a child in the first degree as the underlying felony. The defendant was the child’s sole caregiver from 9:30 A.M. to 3:30 P.M. on October 30, the date that the child’s parent came to pick up the child and found the child unresponsive; a neighbor denied the defendant’s claim that the neighbor had said that the child’s other parent had shaken the child the day before; and a forensic pathologist testified that had the injuries been inflicted before 7:00 A.M. on October 30, the child would not have been acting normally when the child was 532 dropped off at the defendant’s home, as testified to by the child’s relatives. Bostic v. State, 284 Ga. 864, 672 S.E.2d 630 (2009). Death of a baby. — Evidence was sufficient to enable a jury to find the defendant guilty of murder, felony murder, cruelty to children, and aggravated battery for the death of the defendant’s baby because the defendant admitted to a number of actions consistent with the fatal injuries suffered by the baby; the actions the defendant took against the baby and the resulting injuries were reflected in the autopsy findings. Stokes v. State, 289 Ga. 702, 715 S.E.2d 81 (2011). Testimony by the state’s medical expert that the child’s malnutrition materially contributed to the child’s death from battered child syndrome, the defendant’s testimony that the defendant made sure there was food because the defendant believed it was the defendant’s duty to provide food for the family, and the evidence that there was no food suitable for the child other than oatmeal in the house supported the jury’s finding that the defendant was guilty of felony murder based on child cruelty. Brown v. State, 297 Ga. 685, 777 S.E.2d 466 (2015). Beating child to death. — Evidence showed the defendant was guilty of felony murder under O.C.G.A. § 16-5-1 and involuntary manslaughter under O.C.G.A. § 16-5-3 after beating the defendant’s child to death together with the defendant’s love interest where the defendant’s child was struck at least 100 times and with such force that the fat beneath the child’s skin was emulsified, entered broken capillaries, and clogged the vessels leading to the child’s lungs, a process called fat embolization. Marshall v. State, 276 Ga. 854, 583 S.E.2d 884 (2003). Striking a child resulting in death. — Sufficient evidence supported a defendant’s convictions of felony murder and cruelty to children where the defendant admitted striking the child multiple times on the night in question, causing the child to bleed, but denied striking the child with sufficient force to cause the injuries the child sustained; the child’s parent testified that the bruises the parent found on the child’s head and body in the morning had 16-5-1 not been present the previous evening. Sauerwein v. State, 280 Ga. 438, 629 S.E.2d 235 (2006). Post-autopsy photographs of children admitted. — Defendant’s malice murder and cruelty to children convictions were affirmed on appeal as post-autopsy photographs were properly admitted to assist the jury in understanding both the internal injuries and the cause of the victim’s death, and sufficient and overwhelming evidence was presented that the victim’s injuries were not accidental. Thomas v. State, 281 Ga. 550, 640 S.E.2d 255 (2007). Evidence sufficient for malice murder, felony murder, and cruelty to children conviction. — Evidence supported the defendant’s convictions of malice murder, felony murder, and cruelty to children since: the victim had not experienced any unusual injuries prior to the time the defendant moved in with the victim’s mother; the defendant was alone in the house with the victim and the victim’s young brothers prior to the time the victim’s head began to swell and at various times on the night the victim died; the defendant told a co-worker that the defendant was beating the victim and the victim’s brothers; and the defendant also told an uncle that the defendant could not do anything with the victim and felt like punching the victim in the head as hard as the defendant could. Collum v. State, 281 Ga. 719, 642 S.E.2d 640 (2007). Death of 15 month old child. — Evidence supported the defendant’s convictions of malice murder, felony murder, and cruelty to children with regard to the death of the defendant’s 15-month-old child; although the defendant claimed to have not noticed anything wrong with the child until a codefendant said that the child was having difficulty breathing, the evidence authorized the jury to find that the victim was beaten so severely that the victim’s pancreas and duodenum were ruptured, that two to four hours was the maximum time that occurred between the injuries and the victim’s death, that the victim would have begun vomiting immediately after the fatal injuries were inflicted, and that the victim would have been in extreme pain. Jackson v. State, 533 Application (Cont’d) 2. Children as Victims (Cont’d) 281 Ga. 705, 642 S.E.2d 656 (2007). Death of 18 month old child. — Evidence was sufficient to convict the defendant of, inter alia, four counts of felony murder, one count of involuntary manslaughter, and one count of aggravated assault in connection with the abuse and resulting death of the 18-month-old victim because a forensic child pathologist reviewed the findings of the victim’s autopsy and opined that the pooling of blood on the front of the victim’s body was consistent with the victim’s belly being pressed against an object like the mattress or pad of a crib; and the defendant saw the boyfriend spank the children on the night of the victim’s murder and watched as the boyfriend pushed the victim’s face into the crib. Kipp v. State, 294 Ga. 55, 751 S.E.2d 83 (2013). Guilty of felony murder but not guilty of cruelty to children. — In a trial for the murder of a five-year-old child, the felony murder conviction need not be set aside because a finding of not guilty of cruelty to children is allegedly inconsistent with a finding of guilty of felony murder when the underlying felony is cruelty to children, where there is no doubt that the evidence showed the elements of the underlying felony, cruelty to a child, and that the jury was authorized to find the defendant guilty of a felony murder. Robinson v. State, 257 Ga. 194, 357 S.E.2d 74 (1987). Death of 3 year old child resulting from arson. — Evidence was sufficient to support defendant’s conviction for arson, felony murder, and aggravated assault, resulting from a fire set at a residence occupied by the defendant’s sister-in-law, the sister-in-law’s four children, and the sister-in-law’s 12-year-old sibling where: (1) the defendant confronted the defendant’s sister-in-law at the sister-in-law’s home, alleging that the sister-in-law had stolen items from the defendant’s mobile home; (2) a physical altercation ensued between the defendant and the sister-in-law; (3) the defendant retrieved a gasoline can from the defendant’s car, poured gasoline onto the back door of the 16-5-1 sister-in-law’s home, and ignited it; and (4) the sister-in-law’s three-year-old child died from the injuries sustained in the fire. Tarvin v. State, 277 Ga. 509, 591 S.E.2d 777 (2004). Death of infant from shaking. — The following evidence was sufficient to establish that the defendant acted with malice and thus supported the defendant’s convictions of felony murder and the predicate felonies of aggravated battery, O.C.G.A. § 16-5-24(a), and first-degree child cruelty, O.C.G.A. § 16-5-70: 1) the defendant claimed the victim, a 16-month-old child who had been left in the defendant’s care, became unresponsive and that the defendant shook the child in an attempt to revive the child; 2) a medical examiner testified that the victim died from head trauma; 3) the victim’s 10-year-old sibling testified that the defendant had struck the victim in the past and had been yelling at the victim before the victim lost consciousness. Sears v. State, 290 Ga. 1, 717 S.E.2d 453 (2011). 3. The Elderly as Victims Victim 74 years old. — Malice murder conviction was supported by sufficient evidence that on the day of the crime, the defendant left work at 10:34 A.M., that the victim, who was a 74-year-old dental technician, was found beaten to death by police who responded to a 9-1-1 call placed by the defendant at 4:53 P.M., that, based on sightings of the victim and telephone calls made to victim, the jury was authorized to find that the victim was murdered between 1:10 P.M. and 2 P.M., that the defendant was seen in the area wearing work clothes around noon and seen after 2 P.M. wearing shorts and sneakers, that the defendant was also seen carrying a trash bag that appeared to contain clothing, that a pair of work boots, spattered with the victim’s blood, was discovered in the restroom at the plumbing company where the defendant worked, that, based on the testimony of two employees, the boots belonged to the defendant, and that the victim had been agitated because the defendant had failed to pay for dental plates the victim had made for the defendant. Kell v. State, 280 Ga. 669, 631 S.E.2d 679 (2006). 534 Evidence sufficient for killing elderly victim. — Sufficient evidence supported convictions of malice murder and armed robbery when during an argument with the 79-year-old victim, the defendant struck the victim in the head several times with the victim’s cane, causing the cane to break and an edge of the cane to cut the victim’s neck, after which the defendant took the victim’s wallet and car and drove to Atlanta. Harvey v. State, 284 Ga. 8, 660 S.E.2d 528 (2008). Evidence was presented to the jury that elderly and bedridden patients such as the 82 year old victim often die as a result of pneumonia or infections that the patients develop during treatment, such as infections from a dislodged feeding tube. While the defendant blames the victim’s caregivers for failing to notice in a timely manner that the victim’s feeding tube had become dislodged, the evidence shows that it was because of the brain injuries inflicted upon the victim by the defendant that a feeding tube was required and that the victim was unable to inform anyone when the tube became dislodged. As a result, the evidence is sufficient to enable a rational trier of fact to find the defendant guilty beyond a reasonable doubt of felony murder. Dodson v. State, 292 Ga. 790, 741 S.E.2d 639 (2013). 4. Spouses or Lovers as Victims Evidence sufficient for murder of lover/spouse. — Denial of a motion for a directed verdict was not error since there was evidence which would authorize a rational trier of fact to find beyond a reasonable doubt that defendant, angered by the fact that defendant’s lover was leaving, maliciously shot the lover in the back, thereby committing malice murder. Sanders v. State, 257 Ga. 239, 357 S.E.2d 66 (1987). Evidence was legally sufficient to sustain defendant’s conviction for malice murder as the evidence showed that defendant, who was romantically involved with the victim, was seen with the victim on the day of the murder, that defendant was seen by a neighbor running from the victim’s home at a time when the neighbor smelled smoke, that the victim had been shot twice in the head at close range, that 16-5-1 a gun defendant possessed on the day of the murder was the murder weapon, that defendant had asked a witness to hide or sell the gun, and that defendant admitted shooting someone and burning the person’s house down. Parker v. State, 277 Ga. 439, 588 S.E.2d 683 (2003). Hired to kill spouse. — Evidence that a defendant was hired by a spouse to kill the other spouse, accepted a payment, acquired a gun, recruited a shooter, and drove the shooter to the victim’s workplace, where the shooter shot the victim to death, was sufficient to support a jury verdict convicting the defendant of malice murder; the other participants in the plot pled guilty to charges arising from their roles and testified against the defendant at the trial. Green v. State, 281 Ga. 322, 638 S.E.2d 288 (2006). Evidence was sufficient to enable a rational trier of fact to conclude beyond a reasonable doubt that the defendant was guilty of malice murder because the jury was authorized to find that the defendant met with the victim’s husband and other codefendants on at least two occasions to discuss the murder of the victim, that the defendant accepted money from the husband prior to the murder, that the defendant instructed one of the codefendants on how to kill the victim, that the defendant drove to the victim’s home with the husband and another codefendant on the morning of the murder, and that the defendant demanded and accepted money from the husband as compensation for the murder. Owens v. State, 286 Ga. 821, 693 S.E.2d 490, cert. denied, 131 S. Ct. 156, 178 L. Ed. 2d 93 (2010), overruled on other grounds by Shelton v. Lee, 2016 Ga. LEXIS 452 (Ga. 2016). Evidence sufficient for death of lover. — There was sufficient evidence to support the defendant’s conviction of malice murder after the victim, the mother of the defendant’s child, was shot in the head while riding in a truck with the defendant and the victim’s adult son by another man; the son, who was driving, testified that he heard a loud click and a popping noise, and the victim rested her head on his shoulder and did not speak again, and the son continued to drive until the defendant told him to pull off the road. Lowery 535 Application (Cont’d) 4. Spouses or Lovers as Victims (Cont’d) v. State, 282 Ga. 68, 646 S.E.2d 67, cert. denied, 552 U.S. 999, 128 S. Ct. 508, 169 L. Ed. 2d 355 (2007). Death of spouse and spouse’s new lover. — Defendant’s malice murder convictions, resulting from the death of the defendant’s estranged wife and the wife’s lover, were upheld on appeal as the state presented sufficient evidence as to the history of abuse between the defendant and the wife, the jury was not required to believe the defendant’s alibi, and any objection to the state’s alleged failure to show the required nexus between the existence of the wife’s life insurance policies and a possible motive for the murders was waived. Tolbert v. State, 282 Ga. 254, 647 S.E.2d 555 (2007). Self defense claim rejected in death of lover. — There was sufficient evidence for the jury to find the defendant guilty of felony murder and of aggravated assault and to reject the defendant’s self-defense claim; the defendant, who had broken up with the victim, followed the victim as the victim left defendant’s apartment, stabbed the victim twice with a nine-inch knife when the victim turned to face defendant without the victim striking the defendant, pulling a weapon, or yelling at the defendant, and the defendant claimed that the defendant had retrieved the knife in self-defense, then followed the victim out of the apartment, down the stairs, and into a parking lot where the defendant stabbed the victim. Ganaway v. State, 282 Ga. 297, 647 S.E.2d 590 (2007). Evidence sufficient for malice murder of spouse. — Evidence supported a defendant’s conviction of the malice murder of the defendant’s spouse. The defendant admitted shooting the victim and stated that the victim shot at the defendant twice; a pistol found under the bed was too far from the victim for the victim to reach the pistol; there was minimal evidence of a struggle; the defendant showed no emotion when the victim was carried out and displayed other inappropriate behavior; and expert testimony showed that the victim was shot from at 16-5-1 least three feet away while the victim was either kneeling or bent over. Muller v. State, 284 Ga. 70, 663 S.E.2d 206 (2008). Evidence that the victim, the defendant’s wife, was killed in the victim’s bed, the defendant reported the shooting but was not at the house when police arrived, the gun was found under the pillow next to the victim, a crime scene technician testified that the shooter folded a pillow around the victim’s head and shot the victim through the pillow, and testimony that the defendant was physically and emotionally abusive toward the victim was sufficient to support the defendant’s conviction for malice murder. Smith v. State, 292 Ga. 620, 740 S.E.2d 158 (2013). Accusations of an affair. — Evidence was sufficient to convict the defendant of murder, felony murder, and possession of a knife during the commission of a crime when the defendant stabbed the victim, the defendant’s spouse, in the chest with a butcher knife after the victim accused the defendant of having an affair. Although the defendant claimed at the scene that the defendant did not mean for the knife to go so far into the victim’s body and that the stabbing had occurred by accident, the defendant later admitted at trial that the defendant tried to force the victim back with the knife when the defendant felt the knife penetrate the victim’s body. Hudson v. State, 284 Ga. 595, 669 S.E.2d 94 (2008). Shooting of paramour. — There was sufficient evidence to convict defendant of felony murder after defendant was seen at a paramour’s apartment with a gun in a book bag, a witness stated that defendant pointed the gun at the paramour’s head and threatened to kill the paramour, the paramour was found shot dead a short time later, and defendant admitted firing the gun but claimed that the shooting was accidental. Jackson v. State, 276 Ga. 408, 577 S.E.2d 570 (2003), overruled by State v. Springer, 297 Ga. 376, 774 S.E.2d 106, 2015 Ga. LEXIS 487 (2015). Prostitute as victim. — Convictions for felony murder and aggravated assault with a deadly weapon, in violation of O.C.G.A. §§ 16-5-1 and 16-5-21, were supported by sufficient evidence, including that the defendant and the codefendant 536 were acting in concert, and the denial of the defendant’s motion for a judgment of acquittal pursuant to O.C.G.A. § 17-9-1 was proper; the defendant argued with the victim, a prostitute, and refused to pay for the victim’s services, prompting the victim to get a gun and fire a shot into the air, whereupon the defendant and a codefendant fired their guns back at the victim in a car leaving the area, and a bullet from the codefendant’s gun killed the victim. Stinchcomb v. State, 280 Ga. 170, 626 S.E.2d 88 (2006). Evidence sufficient for malice murder and other crimes in death of spouse. — Evidence supported a defendant’s conviction for malice murder, aggravated battery, and possession of a firearm during the commission of a felony as: (1) the defendant had threatened to kill the victim, who was seeking a divorce from the defendant; (2) the defendant shot the victim eight times with an AK-47 assault rifle, killing the victim; (3) in 16-5-1 woods located approximately 10 miles from the crime scene, investigators found the defendant’s car, a bag of the defendant’s personal items, some of which had the defendant’s name written on the items, and the defendant’s AK-47 rifle and ammunition; and (4) the defendant admitted to firing this AK-47 many times at the victim’s home at what the defendant described as an unknown assailant who shot at the defendant first. Thomason v. State, 281 Ga. 429, 637 S.E.2d 639 (2006). One is never justified in taking life of an adulterous spouse or illicit lover. — This is murder, and an instruction on justifiable homicide may not be given. Such homicides stand on same footing as any other homicides. However, the peculiar facts of a given case may suggest ‘‘passion’’ and ‘‘provocation’’ within the meaning of the voluntary manslaughter statute. Burger v. State, 238 Ga. 171, 231 S.E.2d 769 (1977); Phillips v. State, 255 Ga. 539, 340 S.E.2d 919 (1986).