Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

McClure v. State

The trial court's error in admitting a photograph of the victim's body after his internal organs were removed for donation was harmless in light of the overwhelming evidence against the defendant.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Samuel McClure appeals his convictions for felony murder and aggravated assault.1 Having reviewed the record, we conclude the trial court abused its discretion by admitting into evidence a photograph of the victim’s corpse after internal organs had been removed for donation. In light of the overwhelming evidence of appellant’s guilt, however, we find this error to be harmless. Appellant’s remaining claims of error being without merit, we affirm. Construed most favorably to the verdicts, the evidence of record shows that appellant was riding in a car with Youngker and the victim, Walker. The victim had agreed to lend money to appellant. The threesome drove to an apartment complex where an acquaintance, Boaz, lived. Youngker exited the car and called Boaz on his cell phone, leaving appellant standing beside the car with the victim inside. Youngker then saw appellant shoot the victim in the head. Youngker began to run away and realized that appellant had shot him, too. Appellant caught up with Youngker, struck him and put a gun to his head, but it misfired. As Youngker ran off again, he was shot a second time. Appellant then left the scene and Youngker returned to the car and waited for police. The victim later died.

At trial, residents of the apartment complex testified that they heard both a gunshot and a voice demanding money. Boaz testified that while on the phone with Youngker, he heard scuffling, a loud noise and a demand for money. At trial, appellant claimed that Youngker had pointed a gun at him and tried to rob him. Appellant claimed that when he attempted to grab the gun, it fired accidentally, injured Youngker, and killed the victim.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Legal Innovation Awards 2024
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
Consulting Top Consultants 2024
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
Go to Events Go to Webcasts
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
ASSOCIATE ATTORNEY-PERTH AMBOY-NJ

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›
Bankruptcy Attorney - New York Metropolitan Area Lawyers

Black Owl Recruiting is looking for a number of qualified applicants to fill positions for a highly reputable client. Recent experience work...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements