Benton v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that Georgia courts have long applied a broad interpretation to the “immediate presence” standard
• noting that “the victim’s physical presence at the theft is not required for armed robbery if what was taken was under his control or his responsibility and if he was not too far distant”
• “The malice necessary to establish malice murder may be formed in an instant, as long as it is present at the time of the killing.”
• sufficient evidence to demonstrate malice where testimony showed that appellant “physically assaulted the victim, held him at gunpoint, shot him as he tried to run away, and left him at the residence after shooting him”

Source: CourtListener parenthetical corpus (CC0).

Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

• Scoggins v. State
  Supreme Court of Georgia· 2023-12-19· cited 29×
• Munn v. State
  Supreme Court of Georgia· 2022-05-17· cited 27×
• Jivens v. State
  Supreme Court of Georgia· 2023-12-19· cited 24×
• Gittens v. State
  Supreme Court of Georgia· 2020-02-10· cited 17×
• Jordan v. State
  Supreme Court of Georgia· 2019-11-18· cited 15×
• Overstreet v. State
  Supreme Court of Georgia· 2021-10-05· cited 12×
• Whittaker v. State
  Supreme Court of Georgia· 2023-08-21· cited 11×
• LUMPKIN v. THE STATE (Two Cases)
  Supreme Court of Georgia· 2020-09-28· cited 10×
• Coates v. State
  Supreme Court of Georgia· 2020-10-05· cited 8×
• Felts v. State
  Supreme Court of Georgia· 2021-05-17· cited 8×
• McNabb v. State
  Supreme Court of Georgia· 2022-05-17· cited 8×
• Dozier v. State
  Supreme Court of Georgia· 2019-12-23· cited 7×
• Sharkey v. State
  Supreme Court of Georgia· 2024-12-10· cited 5×
• Ford v. State
  Supreme Court of Georgia· 2024-06-11· cited 5×
• Guyton v. State
  Supreme Court of Georgia· 2025-02-18· cited 4×
• Garcia-Solis v. State
  Supreme Court of Georgia· 2025-01-28· cited 3×
• Miller v. State
  Supreme Court of Georgia· 2021-10-19· cited 2×
• Allen v. State
  Supreme Court of Georgia· 2021-02-01· cited 1×
• Antonio Maurice Gee v. State
  Court of Appeals of Georgia· 2021-07-23
• Jamya Stokes v. State
  Court of Appeals of Georgia· 2022-01-06

Cites

16 cases in this archive are cited by this case.

• Jackson v. Virginia
  Supreme Court· 1979-10-01· cited 79,490×
• Hayes v. State
  Supreme Court of Georgia· 2013-03-04· cited 135×
• Smith v. State
  Supreme Court of Georgia· 2015-03-16· cited 122×
• White v. State
  Supreme Court of Georgia· 2010-06-28· cited 85×
• Francis v. State
  Supreme Court of Georgia· 1995-11-06· cited 60×
• Welch v. State
  Supreme Court of Georgia· 1975-09-23· cited 51×
• Clements v. State
  Supreme Court of Georgia· 1890-03-12· cited 45×
• Maddox v. State
  Court of Appeals of Georgia· 1985-04-25· cited 34×
• Heard v. State
  Supreme Court of Georgia· 2010-07-12· cited 30×
• Benson v. State
  Supreme Court of Georgia· 2014-01-21· cited 23×
• Moran v. State
  Supreme Court of Georgia· 2017-10-02· cited 17×
• Dupree v. State
  Supreme Court of Georgia· 2018-06-18· cited 14×
• Keita v. State
  Supreme Court of Georgia· 2009-09-28· cited 12×
• Bates v. State
  Supreme Court of Georgia· 2013-10-21· cited 12×
• Latimore v. State
  Supreme Court of Georgia· 1992-10-08· cited 10×
• Platt v. State
  Supreme Court of Georgia· 2012-10-01· cited 5×