Marshall v. State

Thompson, Justice.

Defendant Carey Marshall was convicted of malice murder in connection with the shooting death of Timothy Small. He appeals, asserting, inter alia, a photographic array was impermissibly suggestive and led to the misidentification of defendant as the perpetrator. Finding no error, we affirm.

1. In the midst of a game of pool at a club in DeKalb County, the victim accused defendant of manipulating the billiard balls. Heated words were exchanged, but the argument cooled down within minutes. Defendant, who remained calmer than the victim as the two of them argued, left the pool…