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Lyons v. State

Supreme Court of Georgia
May 15, 1995
456 S.E.2d 585 (Ga. 1995)

Opinion

S95A0506.

DECIDED MAY 15, 1995.

Murder. Richmond Superior Court. Before Judge Pierce, Senior Judge.

Richard O. Ward, for appellant.

Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.


James Stacey Lyons was convicted of murder and possession of a firearm in the shooting death of Dwayne Palmer. He was sentenced to life imprisonment for murder and five years for possession, to be served consecutively. He appeals and we affirm.

The crimes occurred on August 9, 1991. Lyons was convicted and sentenced on April 24, 1992. Lyons filed a motion for new trial on June 19, 1992, which the trial court denied on November 16, 1994. Lyons filed a notice of appeal on November 18, 1994. The case was docketed in this court on December 21, 1994 and submitted for decision without oral argument on February 13, 1995.

Lyons and three other men were looking for Palmer and drove to a convenience store where he was shopping. Lyons, who was armed, and another man remained in the car as guards while the other two exited the car, fired into the store, and shot Palmer when he left the store.

Lyons was tried jointly with Kevin Prince, who fired the fatal shots. This court has previously affirmed Prince's conviction. Prince v. State, 264 Ga. 867 ( 452 S.E.2d 497) (1995).

1. After reviewing the evidence in the light most favorable to the jury's determination of guilt, we conclude that a rational trier of fact could have found Lyons guilty of the crimes charged. Jackson v. Virginia, 443 U.S. 307 ( 99 S.C. 2781, 61 L.Ed.2d 560) (1979).

2. Lyons contends that the trial court erred in admitting evidence that Palmer had punched Lyons a few hours before the murder and that the court failed to give limiting instructions regarding a prior fight between Lyons' codefendant and Palmer. Lyons, however, failed to object to this evidence or the court's instructions, and therefore, we will not consider these issues on appeal. O'Donnell v. State, 258 Ga. 782, 785 ( 374 S.E.2d 729) (1989).

Judgment affirmed. All the Justices concur.

DECIDED MAY 15, 1995.


Summaries of

Lyons v. State

Supreme Court of Georgia
May 15, 1995
456 S.E.2d 585 (Ga. 1995)
Case details for

Lyons v. State

Case Details

Full title:LYONS v. THE STATE

Court:Supreme Court of Georgia

Date published: May 15, 1995

Citations

456 S.E.2d 585 (Ga. 1995)
456 S.E.2d 585

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