Dasher v. State, 285 Ga. 308

Summary

The Supreme Court of Georgia affirmed the felony-murder convictions of Quinton Dasher and Wesley Tyrone Lewis for the death of Jimmy D. Burke. The court held that the evidence was sufficient to support felony murder predicated on aggravated assault and that challenges to the indictment were waived or untimely. The court also held that Lewis failed to preserve his objection to testimony describing him as a drug dealer.

Holdings

1. The evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that Dasher and Lewis committed felony murder by engaging in a felonious aggravated assault that caused the victim's death.
2. A challenge that a felony-murder indictment fails to specify the elements of the predicate aggravated assault is, in substance, a special demurrer seeking greater specificity and is waived if not timely filed. A motion in arrest of judgment must also be filed within the term of court in which judgment was rendered.
3. A jury may find that hands and feet were deadly weapons depending on the manner and means of their use and the nature and extent of the injuries inflicted.
4. When a trial court reserves ruling on a motion in limine, the defendant must object when the evidence is introduced or invoke a ruling; failure to do so preserves nothing for appellate review.

Questions Presented

1. Whether the evidence was sufficient to support the felony-murder convictions predicated on aggravated assault.
2. Whether the felony-murder indictment was legally insufficient because it did not set out all elements of aggravated assault or separately charge that offense.
3. Whether the evidence was sufficient to establish that the defendants' hands and feet were deadly weapons for purposes of aggravated assault.
4. Whether Lewis preserved appellate review of testimony describing him as a drug dealer after the trial court reserved ruling on his motion in limine.

Disposition

affirmed