Lowery v. State
Lowery v. State
Opinion of the Court
John Lewis Lowery was convicted of the malice murder of Johnny Harbin, and sentenced to life imprisonment.
The defendant then left the scene. He turned himself in to law enforcement officers later that night, and gave a statement to them admitting he had shot the victim.
1. Contrary to the defendant’s contention, the evidence authorized a rational trier of fact to find him guilty beyond a reasonable doubt of the offense of malice murder. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
2. The defendant argues that the trial court erred in admitting a pre-autopsy photograph of the victim, alleging that its prejudicial value outweighed its probative value.
The trial court admitted this photograph to illustrate the cause of death, and instructed the jurors that they were to “consider it for that purpose only . . . and nothing else.” The rule is that pre-autopsy photographs of the victim which are relevant to an issue in the case may be admitted even though they may have a prejudicial impact on the jury. Hicks v. State, 256 Ga. 715 (13) (352 SE2d 762) (1987). Therefore we find no error.
Judgment affirmed.
The crime occurred on February 22, 1987. The defendant was tried on October 9, 1987, and sentenced that same day. The trial court granted the defendant’s pro se motion for an out-of-time appeal, and appointed counsel to represent the defendant on September 25,1989. An appeal was docketed in this court on October 19, 1989, and submitted on briefs on December 1, 1989.
Reference
- Full Case Name
- LOWERY v. State
- Status
- Published