Hicks v. State

Summary

The Supreme Court of Georgia affirmed Albert Hicks's convictions for malice murder arising from the fatal assault of a coworker at the Fulton County Government Building. The court held that the evidence was sufficient to establish malice and intent, upheld admission of a prior similar transaction, and found that Hicks waived his challenge to impeachment evidence by failing to object at trial.

Holdings

1. The evidence was sufficient for a rational trier of fact to find Hicks guilty beyond a reasonable doubt of malice murder, and the trial court properly denied his motion for directed verdict of acquittal. Malice may be established by express or implied intent to commit an unlawful homicide.
2. The trial court did not clearly err in admitting evidence of Hicks's 1995 attack on another person to show course of conduct.
3. Hicks waived appellate review of his objection to the admission of evidence concerning his misdemeanor arrest because he did not object at trial when the State introduced it during cross-examination.

Questions Presented

1. Whether the evidence was sufficient to support Hicks's malice-murder conviction and to defeat his motion for directed verdict of acquittal based on lack of intent.
2. Whether the trial court properly admitted evidence of Hicks's 1995 similar transaction to show course of conduct.
3. Whether the trial court improperly admitted evidence of Hicks's misdemeanor arrest during cross-examination as impeachment evidence.
4. Whether Hicks preserved for appellate review his objection to the impeachment evidence.

Disposition

affirmed