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02/02/94 STATE TENNESSEE v. VICTOR L. JACKSON AND

COURT OF CRIMINAL APPEALS OF TENNESSEE, AT JACKSON


February 2, 1994

STATE OF TENNESSEE, APPELLEE,
v.
VICTOR L. JACKSON AND CHOYA M. WILLIAMS, APPELLANTS.

Shelby County. Joseph B. Dailey, Judge. (Murder First Degree)

Jones, Dwyer, Tipton

The opinion of the court was delivered by: Jones

The appellants, Victor L. Jackson and Choya M. Williams, were convicted of murder in the first degree; and both appellants were sentenced to life in the Department of Correction. Both of the appellants contend that the evidence contained in the record is insufficient, as a matter of law, to support a finding by a rational trier of fact that they are guilty of murder in the first degree beyond a reasonable doubt.

The judgment of the trial court is affirmed.

On or about the 7th day of April, 1991, the victim, Albert Blair, became embroiled in an argument with the girlfriend of Victor L. Jackson. When the girlfriend came too close to Blair during the heat of the argument, he pushed her away from him. She told Blair: "You won't live to see your next birthday." That night the appellants approached Lavern Madison and a friend. They wanted to know where the victim lived. When an answer was not forthcoming, Williams placed a pistol in the face of Madison's friend and demanded to know where the victim lived in the apartment complex. Madison's friend told Williams where Blair lived. Later, Madison heard shots fired; and the appellants left the apartment complex.

On the evening of April 10, 1991, the appellants and several friends went to the apartment complex where the victim lived to avenge the pushing of Jackson's girlfriend. There were several individuals near a wall that extended from an apartment building. The victim was standing on top of the wall. The appellants, both armed with .22 caliber revolvers, exited the vehicle and approached the wall. Jackson asked: "Who is Al [the victim]?" No one answered. Williams asked one of the friends who accompanied them to the complex if he recognized the victim. He did not answer Williams, but he was starring at the victim. Williams attempted to fire his pistol at the victim. However, the pistol misfired three times. Both Williams and Jackson began shooting simultaneously. Each fired three rounds at the victim and fled the complex in a motor vehicle.

While they were fleeing the scene of the shooting, Jackson told the occupants of the vehicle: "Man, I think I shot him." Williams retorted: "No, I think I shot him. I think I shot him in the side." Both Jackson and Williams told police officers that they were involved in the shooting; and they identified the weapons that they fired. Officers found the weapons buried in the backyard of one of their friends.

An autopsy revealed that the victim had been shot in the right side of the chest and the projectile penetrated the victim's liver, right lung, and heart. All three organs were damaged. The victim died as a result of severe internal bleeding. Most of the internal bleeding came from the damaged liver and lung.

The evidence contained in the record is more than adequate to support a finding by a rational trier of fact that the appellants, Victor L. Jackson and Choya M. Williams were guilty of murder in the first degree beyond a reasonable doubt. Tenn. R. App. P. 13(e); Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L. Ed. 2d 560 (1979).

JOE B. JONES, JUDGE

CONCUR:

ROBERT K. DWYER, JUDGE

JOSEPH M. TIPTON, JUDGE

19940202

© 1998 VersusLaw Inc.



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