McGuire v. GeorgiaAnnotate this Case
David McGuire was convicted by jury of the malice murder of his mother, Elaine, and for possession of a firearm during the commission of a felony. He appealed, challenging the sufficiency of the evidence as to the element of malice. Specifically, McGuire contended the evidence of malice was entirely circumstantial, and that the proved facts did not exclude his reasonable hypothesis he was provoked into a sudden, violent, and irresistible passion when the victim shot at him during a heated argument about his drinking, he wrestled the gun away from her, and he shot her as the result of the provocation. After review of the trial court record, the Georgia Supreme Court disagreed and affirmed appellant’s convictions.