Coker v. State

Coker v. the State

Coker v. State, 433 S.E.2d 637 (Ga. Ct. App. 1993)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: June 23, 1993
Docket: No. A93A0675
Judges: Smith, Johnson, Blackburn
Citations: 433 S.E.2d 637209 Ga. App. 14293 Fulton County D. Rep. 25921993 Ga. App. LEXIS 788

Cited by 11 1 descriptions by later courts

Opinion — Smith

Smith, Judge.

Angelo Coker, along with three others, was indicted for murder.

*143 Tried separately in a bench trial, he was found guilty of voluntary manslaughter. He appeals from the judgment of conviction and sentence entered by the trial court on this finding of guilt.

Decided June 23, 1993.

Charles R. Sheppard, for appellant.

Daniel J. Craig, District Attorney, Stacey R. Kasten, Assistant District Attorney, for appellee.

In related enumerations, Coker urges only the general grounds. Viewed in the light most favorable to the trial court’s factual findings, the evidence showed that Coker lost a $300 wager. He drove to the home of the winner and demanded his money back at gunpoint. As he attempted to leave with a friend, gunfire erupted. Shots were exchanged between appellant and his friend on the one hand, and the winner and his companions on the other. A shot fired by someone other than Coker strayed and killed a bystander. “Where one shoots at another, intending to kill him, under such circumstances that the killing, if accomplished, would be voluntary manslaughter, but the shot misses him and accidentally kills an innocent third person, the homicide will be voluntary manslaughter. [Cits.]”

Strickland v. State, 9 Ga. App. 552 (1) ( 71 SE 919 ) (1911).

Contrary to Coker’s assertion, the evidence does not demand a finding that he attempted to withdraw peaceably, nor does it demand a finding that he acted solely in self-defense. Instead, the evidence would authorize a rational trier of fact reasonably to conclude that Coker stood his ground to engage in mutual combat.

Syms v. State, 175 Ga. App. 179, 180 (1) ( 332 SE2d 689 ) (1985). This is sufficient, under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), to support his conviction for voluntary manslaughter as a party to the crime. OCGA § 16-5-2 (a).

Judgment affirmed.

Johnson and Blackburn, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(crime was voluntary manslaughter when shooting was done in circumstances that would be voluntary manslaughter and defendant killed a bystander)

Foster v. State, 701 S.E.2d 189 (Ga. 2010)

Cited by 11 cases

View all citing references →

Relies on it most ⓘ

Foster v. State444 S.E.2d 296 (Ga. 1994)
Steele v. State454 S.E.2d 590 (Ga. Ct. App. 1995)
Platt v. the State778 S.E.2d 416 (Ga. Ct. App. 2015)
In the Interest of T. S.438 S.E.2d 159 (Ga. Ct. App. 1993)
Foster v. State701 S.E.2d 189 (Ga. 2010)
Carter v. State770 S.E.2d 295 (Ga. Ct. App. 2015)

Most recent

Darnell Craw v. StateNo. A23A1077 (Ga. Ct. App. Sept. 19, 2023)
Platt v. the State778 S.E.2d 416 (Ga. Ct. App. 2015)
Carter v. State770 S.E.2d 295 (Ga. Ct. App. 2015)
Graham v. State740 S.E.2d 649 (Ga. Ct. App. 2013)
Erica Lashae Graham v. StateNo. A12A2237 (Ga. Ct. App. Mar. 22, 2013)
Curry v. State736 S.E.2d 423 (Ga. 2013)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Syms v. State, 332 S.E.2d 689 (Ga. Ct. App. 1985)	19
	Strickland v. State, 71 S.E. 919 (Ga. Ct. App. 1911)	6
	Jackson v. Virginia, 443 U.S. 307 (1979)	74,130

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