Johnson v. State
Johnson v. State
Opinion of the Court
Michael Johnson appeals from his felony murder conviction and resulting life sentence concerning the death of his sister’s five-month-old son.
The evidence of record, when viewed in a light most favorable to the guilty verdict, was sufficient to enable rational jurors to make the following factual findings: On the night of December 28, 1996, Jennifer Johnson’s apartment was occupied by three adults — appellant Johnson, his sister Jennifer, and her boyfriend Christopher Mor-man.
Ms. Snell, who lived in the adjoining apartment, testified that at approximately 3:00 a.m., she had heard the baby crying through the upstairs common wall between the apartments, and that she then heard a loud thump. After that, she did not hear the baby cry again. Thirty minutes later, she heard footsteps on the neighboring apartment’s stairwell. At approximately 4:00 a.m., she heard Johnson on the porch outside the apartment saying “I didn’t do it. I didn’t do it.” The next day, another neighbor saw Johnson outside the apartment crying and saying, “They just aggravate, just aggravate, just aggravate.” Still another neighbor heard Johnson on the telephone, saying that he “did not do it.” When investigators went to the apartment to photograph the baby’s crib, they were told by Jennifer Johnson that the crib had been destroyed and placed in a dumpster. A search of dumpsters in the apartment complex proved fruitless; the crib was not recovered. When questioned by police about the baby’s death, Johnson denied any knowledge of it.
Thus, the State presented evidence that (1) on the night of the murder, Johnson was downstairs in the apartment; (2) on the night of the murder, two other adults — the baby’s mother and her boyfriend — were upstairs in the apartment, with the baby; (3) Johnson called 911 to report that the baby was not breathing; (4) neighbors heard Johnson say he “did not do it,” and observed him acting upset; (5) Johnson denied knowledge about the murder, and offered no help to investigators; and (6) someone, acting alone or in concert with someone else, removed the crib from the apartment. There also was
In considering whether the evidence presented at trial is sufficient to support a criminal conviction, this Court views the evidence submitted in a light most favorable to the prosecution,
The State is, of course, required to prove every element of a crime charged beyond a reasonable doubt.
Furthermore, the State’s case against Johnson was based entirely upon circumstantial evidence, and the law is clear that unless the State’s evidence excludes every reasonable hypothesis except that of Johnson’s guilt, it has failed to carry its burden to
Accordingly, we must conclude that the evidence presented at trial was insufficient to support Michael Johnson’s conviction for felony murder, with cruelty to children being the underlying felony, in connection with the death of his infant nephew.
Judgment reversed.
The murder occurred on the night of December 28-29,1996, and Johnson was indicted (along with his sister and her boyfriend) by the Decatur County grand jury on May 7,1997. Following a jury trial, Johnson was found guilty on August 19, 1997 of felony murder, with cruelty to children being the underlying felony, and was sentenced to life imprisonment. Johnson’s new trial motion was filed on September 17, 1997, and denied on December 16, 1997. The court reporter certified the record as complete on January 13, 1998. Johnson’s notice of appeal was filed on January 6,1998, the appeal was docketed on January 15,1998, and was submitted for decision without oral argument on March 9,1998.
Jennifer Johnson’s and Christopher Morman’s convictions have already been affirmed by this Court. Johnson v. State, 269 Ga. 632 (501 SE2d 815) (1998).
Rozier v. State, 259 Ga. 399 (383 SE2d 113) (1989).
Roker v. State, 262 Ga. 220 (416 SE2d 281) (1992).
OCGA § 16-5-70 (b).
OCGA § 16-1-5.
Mims v. State, 264 Ga. 271, 273-274 (443 SE2d 845) (1994) (Hunt, C. J., concurring).
See Williams v. State, 256 Ga. 460, 461 (349 SE2d 695) (1986); Tanner v. State, 161 Ga. 193, 199 (130 SE 64) (1925).
Dissenting Opinion
dissenting.
For the reasons set forth in my majority opinions in Johnson v. State, 269 Ga. 632 (501 SE2d 815) (1998) and Morman v. State, 269 Ga. 632 (501 SE2d 815) (1998), I am committed to the view that the evidence presented in this case was sufficient to support the jury’s verdict finding Michael Johnson and his co-defendants guilty of felony murder based on the underlying felony of cruelty to children. Therefore, I respectfully dissent to the reversal of his conviction.
There is evidence in the record that Michael Johnson had been a party to or complied with the prior abuse of the baby. One neighbor specifically testified that she observed Chris Morman grab the three-four-month-old baby by the wrist and swing him above his head until the baby threw up. This same witness testified that Michael Johnson
I am likewise committed to the conclusion that Michael Johnson, a member of the household, knew as well as any of the co-defendants how Chris Morman treated the baby, and was lying about it when he talked to investigators. “A participant to a crime may be convicted for the crime although he . . .is not the person who directly commits the crime. OCGA §§ 16-2-20, 16-2-21.” Id. Because the law provides that criminal intent may be inferred from conduct before, during, and after the commission of a crime, I would affirm Michael Johnson’s conviction.
I am authorized to state that Justice Thompson and Justice Hines join in this dissent.
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