Mitchell v. State

Bernes, Judge.

A Richmond County grand jury indicted James David Mitchell of a single count of felony murder (OCGA § 16-5-1 (c)) alleging that on October 22, 2001, while in the commission of the felony of distributing, dispensing, and administering a controlled substance he caused the death of another by injecting him with oxycodone hydrochlorate (OxyContin). Following a bench trial, Mitchell was convicted of the lesser included offense of voluntary manslaughter. OCGA § 16-5-2 (a). Mitchell appeals from the denial of his motion for new trial, challenging the sufficiency of the evidence. He…