Legal Opinion

Garner v. State

Supreme Court of Georgia

Decided April 28, 1997No. S97A0460PublishedCited by 6 opinions

1Opinion of the Court

Fletcher, Presiding Justice.

A jury found Vincent Troy Garner guilty in the shooting death of Tony McCorkle. Garner claimed that he shot McCorkle in self-defense after McCorkle retrieved a gun from under his car seat. Because the trial court’s instructions to the jury did not preclude it from considering Garner’s self-defense theory, we affirm.

1. The evidence shows that McCorkle stopped his car on Lyman Street in Augusta, Georgia. After McCorkle refused to buy drugs from Garner, Garner pulled a .38 pistol from behind him and shot once at McCorkle. McCorkle cranked up his car and fell over as…

2Cases cited3 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Solomon v. StateSupreme Court of Georgia · 1980
  3. Smith v. StateSupreme Court of Georgia · 1995

3Cited by6 opinions

  1. Bell v. StateSupreme Court of Georgia · 2004
  2. King v. StateCourt of Appeals of Georgia · 1998
  3. Lawson v. StateCourt of Appeals of Georgia · 2005
  4. Stanford v. StateCourt of Appeals of Georgia · 1999
  5. Jones v. StateCourt of Appeals of Georgia · 2002

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