BENHAM, Justice.
Appellant Kelvin Hager was convicted by a jury of malice murder and other crimes related to the shooting death of victim Rashad Sampson.
Viewed in the light most favorable to the verdict, the evidence at trial shows that on the evening of December 28, 2009, victim Rashad Sampson was found lying on a residential street in DeKalb County, having been shot. Witnesses who lived on the street where Sampson was discovered testified they investigated the situation in response to hearing gunshots nearby. They testified that Sampson was thrown out of a Blue Dodge Magnum which then sped down the cul-de-sac street. One of the neighbors yelled to Sampson to be still and play dead, and the car soon returned on its way out of the neighborhood and stopped next to Sampson, apparently so the driver could determine his condition. The driver, a young black male, was alone in the car. Once the driver left the scene, neighbors approached Sampson, who kept saying, "I'm going to die." He told witnesses that his car had been stolen.
When an officer came to the scene in response to 911 calls, the officer was able to identify Sampson from information in his wallet. The officer testified at trial that Sampson "had a great sense of dying and kept asking is he going to die, is he going to die." The paramedics who accompanied Sampson to the hospital testified that Sampson spoke to them and was able to provide his name, birth date, and social security number. The paramedics testified that they understood Sampson to identify the shooter as someone named either Kelvin or Calvin. He told them he was shot with a .45 caliber weapon and that he could not believe "that his friend shot him." He further told them he and his friend or co-worker were riding in a car and that the friend or co-worker shot him and threw him out of the vehicle. One of the paramedics testified that Sampson was absolutely certain of who shot him and by what type of gun. Upon arriving at the hospital, he asked one of the nurses whether he was going to die. When the nurse asked him who shot him she first thought he said
In fact, appellant worked with Sampson at a Target store in Atlanta, and appellant was the only person named Kelvin employed at that store. On the night of the shooting, Sampson told his girlfriend by telephone that he was meeting appellant to take him home, and he later told his mother by telephone that he was waiting with appellant at the apartment of appellant's girlfriend because she had locked him out of her apartment. Cell phone records placed appellant and Sampson near each other and in the vicinity of the place where Sampson was shot around the time of the shooting. Earlier in the afternoon of the shooting, appellant and Sampson were visiting Delbert Samuel, at which time appellant showed Samuel a .45 caliber handgun he said he had just purchased at the Candler Road Pawnshop. A representative of the pawn shop confirmed appellant's purchase, using records kept by the pawn shop. Sampson's blue Dodge Magnum automobile was recovered from an apartment complex, and when police searched it, they found blood, bullet holes, and a cartridge casing from a .45 caliber weapon. Forensic evidence established that all four rounds recovered from the victim's body were fired by the same .45 caliber gun and that the victim was shot at close range. Appellant left Georgia after the shooting and was arrested in Maryland in February 2010. Appellant's motion for new trial on the general grounds was denied.
1. Appellant was tried in 2012, under Georgia's old Evidence Code, and all statutory references in this opinion are to the former Code.
We find this assertion to be tortured logic and reject it. It is well-settled that a statement which qualifies as a dying declaration pursuant to the parameters set forth in OCGA § 24-3-6 is admissible as an exception to hearsay. See Walton v. State, 278 Ga. 432, 434(1), 603 S.E.2d 263 (2004); McAllister v. State, 246 Ga. 246, 248(1), 271 S.E.2d 159 (1980); Campbell v. State, 11 Ga. 353 (1852). As such, the evidence is not simply admissible, though not probative of the issue of guilt; it is admissible as a exception to hearsay for the jury to weigh and consider as evidence of guilt. See Walton, supra, 278 Ga. at 435, 603 S.E.2d 263 (once a prima facie
2. Contrary to appellant's arguments otherwise, we conclude that the evidence, as a whole, summarized above, was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of the offenses for which he was convicted. See Jackson v. Virginia, supra.
Judgment affirmed.
All the Justices concur.