Casey v. State

Benham, Chief Justice.

Willie Herbert Casey, Jr., appeals his convictions of malice and felony murder. The evidence adduced at trial indicated that Casey was involved in a scuffle with the victim beside a road which was illuminated by several street lights. Two witnesses, Shanks and Pearson, drove by the scuffle and observed the incident over a seven- or eight-minute period of time and from distances of five to twenty or thirty feet. During the scuffle between Casey and the victim, Shanks, the driver of the vehicle, called out to Casey to “chill out, man, the cops are coming.” Casey responded…