Claude Emmett Corthran, Jr., was convicted of felony murder and possession of a firearm in connection with the shooting death of Adekunle Balogun, a taxi driver.1 In an interlocutory appeal, we held that Corthran’s videotaped statement was inadmissible at trial.2 In this appeal, Corthran contends that the evidence was insufficient, the jury charge was confusing, and a chain of custody was not established for a spent bullet casing. Because there was sufficient evidence and no error, we affirm.
1. The evidence presented at trial shows that Balogun was dispatched to a Kroger store in Gwinnett County at 1:09 a.m. on July 16, 1995. Within minutes, a resident of a nearby apartment complex saw the taxi rolling against parked cars with its lights on and motor running. Balogun was found shot in the head. Two Kroger employees testified that they saw James Cothron and Claude Corthran sitting on a bench outside the store around one that morning; a third employee testified that she saw the two men enter a dark blue taxi.
Accomplice Nicholas Walker testified that he dropped Cothron and Corthran at the Kroger store and drove to a nearby apartment
2. Contrary to Corthran’s contention, the trial court did not give a confusing jury charge or one that improperly shifted the burden of proof.4
3. In addition, the trial court did not err in admitting the spent bullet casing. The state established to a reasonable certainty that the spent casing offered into evidence was the same one that the responding police officer observed on the rear floorboard of the taxi.5 Moreover, since the bullet was recovered from the victim’s head and introduced into evidence, the casing was not a critical piece of evidence to the state’s cáse.6
Judgment affirmed.
1.
The crimes occurred on July 16, 1995. Corthran was indicted on January 23, 1996. A jury found him guilty on January 29, 1998, and the trial court sentenced him to life imprisonment on the murder count and five years consecutive imprisonment on the firearm possession count. Corthran filed a motion for a new trial on April 10,1998, which was denied on August 14,1998. Corthran filed a notice of appeal on September 8,1998. The case was docketed in this court on September 23,1998, and submitted for decision without oral arguments on November 16, 1998.
2.
Corthran v. State, 268 Ga. 443 (491 SE2d 66) (1997).
3.
See Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 LE2d 560) (1979).
4.
See Roberts v. State, 257 Ga. 180, 181 (356 SE2d 871) (1987); Davis v. State, 255 Ga. 588, 593 (340 SE2d 862) (1986).
5.
See Painter v. State, 237 Ga. 30, 33 (226 SE2d 578) (1976); see also Cook v. State, 255 Ga. 565, 568 (340 SE2d 843) (1986) (finding absence of testimony from one officer who handled the bullet not fatal to chain of custody).
6.
See Crosby v. State, 259 Ga. 822, 823 (389 SE2d 207) (1990); Bailey v. State, 258 Ga. 779, 780 (374 SE2d 724) (1989).