Smith v. State
Smith v. State
Opinion of the Court
Henry Gaston Smith was convicted of malice murder in the shooting death of his common-law wife, Cynthia Smith.
Defendant does not deny that he shot and killed the victim. He contends, however, that he did so in self-defense. Viewed in a light most favorable to the verdict, the evidence shows that Henry and Cynthia Smith had a history of violence and threats toward one another. DeKalb County police had responded on numerous occasions to domestic disputes at the Smith residence. Earlier on the day of the shooting DeKalb County police responded to a call to the residence placed by Cynthia Smith. Upon their arrival she informed the officers that her husband had locked her out of the home and that he remained inside armed with a weapon. After the officers knocked and identified themselves, defendant opened the door. He denied having a weapon. The officer suggested that one of the couple leave the residence for awhile to “cool off,” but neither one was willing. The officers left the premises; no arrests were made at that time.
Cecil Wayne Wheeler, a friend of the defendant, had been working on his station wagon in the front yard of the Smith residence during the police visit. After the officers left the premises, Cynthia Smith came outside and asked Wheeler to drive her to her mother’s home.
Defendant testified in his own defense that he shot his wife because he had reason to believe that she was going to shoot him. He admitted that he had a gun in his hand when he approached the station wagon and that the hammer was cocked.
The evidence was sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), to enable a rational trier of fact to find defendant guilty beyond a reasonable doubt of the murder of Cynthia Smith.
Judgment affirmed.
The crime occurred on July 26, 1992. Smith was indicted on September 15, 1992 for malice murder. He was tried on March 8-12, 1993, and found guilty. He was sentenced on March 12, 1993 to life imprisonment. A motion for new trial was filed on April 6, 1993 and denied on September 24, 1993. A notice of appeal was filed on October 15, 1993 and the appeal was docketed on November 4, 1993. The case was submitted for decision on briefs on January 13, 1994.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.