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SIMS v. THE STATE.
S96A0741.
HUNSTEIN, Justice.
Murder. Lumpkin Superior Court. Before Judge Stone.
Following a night of drinking beer and smoking marijuana, James Edward Sims attacked his companion, Marcus Gilbert, beat him on the head with a stick of firewood, stabbed him, and slashed his throat, which caused Gilbert's death. Sims was convicted of malice murder, felony murder and two counts of aggravated assault. One of the aggravated assault counts merged with the malice murder conviction; the felony murder count was vacated as a matter of law, Malcolm v. State, 263 Ga. 369 (5) (434 SE2d 479) (1993), and Sims was sentenced to life imprisonment plus twenty years. 1 We affirm.
1. Reviewing the evidence in the light most favorable to the jury's verdict, we find that it was sufficient to enable a rational trier of fact to find appellant guilty of the crimes Charged beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
2. We have carefully examined appellant's remaining enumeration of error that the trial court erred in denying his motion for a directed verdict and find it to be without merit.
Notes
1  The crimes were committed between January 17 and January 20, 1994. Sims was indicted on February 25, 1994 in Lumpkin County. He was found guilty following a jury trial held June 6-9, 1994 and sentenced on June 30, 1994. A notice of appeal was filed July 19,
Albert F. Taylor, Jr., District Attorney, Mary E. Moore, Assistant District Attorney, Michael J. Bowers, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Christopher S. Brasher, Assistant Attorney General, for appellee.
William W. Woody, for appellant.
DECIDED JUNE 3, 1996.
Thursday May 21 06:12 EDT


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