Frezghi v. State, 548 S.E.2d 296 (Ga. 2001). · Go Syfert
Frezghi v. State, 548 S.E.2d 296 (Ga. 2001). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: Whittaker v. State (ga, 2023-08-21)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) Whittaker v. State (2×)
Ga. · 2023 · confidence medium
See Rose v. State, 287 Ga. 238, 239 (1) (695 SE2d 261) (2010) (holding the evidence was sufficient to support a malice-murder conviction when, after a “trivial” argument, defendant stabbed victim 26 times); Campbell v. State, 278 Ga. 839, 840 (1) (607 SE2d 565) (2005) (holding that the evidence showing that the defendant initiated the fight, “tackled the much smaller man as he attempted to flee[,] and repeatedly stabbed his unarmed victim amply authorized the jury to find malice”); Frezghi v. State, 273 Ga. 871, 871 (1) (548 SE2d 296) (2001) (holding that the evidence was sufficient to…
discussed Cited as authority (rule) Rodriguez-Nova v. State
Ga. · 2014 · confidence medium
See OCGA § 16-5-2 (a) (“if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder”); Frezghi v. State, 273 Ga. 871, 871 (1) ( 548 SE2d 296 ) (2001); Goforth v. State, 271 Ga. 700, 701 (1) ( 523 SE2d 868 ) (1999); *873 Lowe v. State, 267 Ga. 410, 411 (1) (a) ( 478 SE2d 762 ) (1996).
examined Cited "see" MUSE v. THE STATE (Three Cases) (4×)
Ga. · 2023 · signal: see · confidence high
See Frezghi v. State, 273 Ga. 871, 871 (548 SE2d 296) (2001) (concluding that where both prosecutors testified at the hearing on the motion for new trial that the defendant was present for a portion of voir dire held in chambers, the trial court did not err in ruling against the 46 defendant’s claim that the court violated his right to be present by excluding him from that portion). 6.
discussed Cited "see" Robinson v. State (2×)
Ga. · 2008 · signal: see · confidence high
See Frezghi v. State, 273 Ga. 871 (1) ( 548 SE2d 296 ) (2001).
FREZGHI
v.
State
S01A0602.
Supreme Court of Georgia.
Jun 4, 2001.
548 S.E.2d 296
Peter M. Zeliff, for appellant., J Tom Morgan, District Attorney, Barbara B. Conroy, Jeanne M. Canavan, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Wylencia H. Monroe, Assistant Attorney General, for appellee.
Carley.
Cited by 6 opinions  |  Published
Carley, Justice.

A jury found Zarai Frezghi guilty of the malice murder and felony murder of his wife. The trial court properly entered a judgment of conviction only on the malice murder verdict and sentenced Frezghi to life imprisonment. Stowe v. State, 272 Ga. 866 (536 SE2d 506) (2000). He filed a motion for new trial which was denied, and he appeals.[1]

1. Construed in the light most favorable to the State, the evidence shows that Frezghi stabbed his wife 44 times while pursuing her through their home, and that he ultimately killed her by cutting her throat with her head pulled back, severing her windpipe and the major arteries to her head. Frezghi contends that the evidence shows only that he committed voluntary manslaughter, because the State did not contradict his testimony that the victim first stabbed him during an argument and that he became angry, took the knife from her, and could not control himself.

“It is for the jury to determine whether any killing is intentional and malicious from all the facts and circumstances. [Cit.]” [Cit.] . . . [EJvidence of anger is not, as a matter of law, a showing of the provocation necessary to set aside a finding of malice. [Cit.]

Sutton v. State, 264 Ga. 222-223 (1) (443 SE2d 481) (1994). We conclude that the evidence, including the numerous stab wounds and the cruel and deliberate nature of the final wound, was sufficient to authorize the jury to find Frezghi guilty beyond a reasonable doubt of malice murder. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Lewandowski v. State, 267 Ga. 831, 832 (1) (483 SE2d 582) (1997); Sutton v. State, supra at 222 (1); Brooks v. State, 258 Ga. 20, 23 (5) (365 SE2d 97) (1988). Because the trial court cor[*872] rectly entered a judgment of conviction only on the verdict finding Frezghi guilty of malice murder, we need not consider the sufficiency of the evidence as to the alternative charge of felony murder. Goforth v. State, 271 Ga. 700, 701 (2) (523 SE2d 868) (1999).

Decided June 4, 2001. Peter M. Zeliff, for appellant. J Tom Morgan, District Attorney, Barbara B. Conroy, Jeanne M. Canavan, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Wylencia H. Monroe, Assistant Attorney General, for appellee.

2. Frezghi urges that the trial court violated his right to be present at all stages of trial when it conducted part of voir dire in chambers. Although one of Frezghi’s trial attorneys testified on motion for new trial that Frezghi was absent during that portion of voir dire, the testimony of both prosecutors demonstrated that he was present with an interpreter. After hearing the conflicting testimony, the trial court concluded that Frezghi was present in chambers for voir dire with an interpreter. The court was authorized to weigh the credibility of witnesses, and its factual findings were not clearly erroneous. Adams v. State, 245 Ga. App. 607, 610 (3) (538 SE2d 508) (2000).

Judgment affirmed.

All the Justices concur.
1

The crime occurred on December 15, 1995. The grand jury returned its indictment on May 2, 1996. The jury found Frezghi guilty on February 25, 1998 and, on the same day, the trial court entered the judgment of conviction and sentence. Frezghi filed a motion for new trial on March 23, 1998. The trial court denied that motion on November 9, 2000, and Frezghi filed a notice of appeal on December 1, 2000. The case was docketed in this Court on January 11, 2001 and submitted for decision on March 5, 2001.