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Final Copy 291 Ga. 7 S12A0440. WHITE v. THE STATE. BENHAM, Justice. Appellant Darryl John White was convicted of the felony murder of Ronald Price with the underlying felony being aggravated assault, and possession of a knife during the commission of a felony. After reviewing appellant's enumerations of error, we affirm the judgment of conviction.1 An eyewitness identified appellant as the man he saw walk up to the victim and strike him in the chest, fold up a knife and put it in his pocket, and walk away. The victim was treated at a hospital for a stab wound to his chest and was transferred to a long-term medical-care facility. He died at that facility two months later as a result of a blood clot that had formed due to his
The victim was stabbed on March 10, 2007, and died as a result of complications from the wound two months later. In a true bill of indictment returned on September 21, 2007, a Fulton County grand jury charged appellant with malice murder, felony murder (aggravated assault), aggravated assault, and possession of a knife during the commission of a felony. Appellant's trial commenced on February 16, 2009, and concluded the next day with the jury's return of guilty verdicts on all charges except the malice murder charge. Appellant was sentenced on February 18 to life imprisonment on the felony murder conviction and a consecutive term of five years for possession of the knife. The aggravated assault conviction merged into the felony murder conviction as a matter of fact. Appellant's motion for new trial was filed on February 16, 2009, was amended on December 2, 2010, and was the subject of a hearing on December 21, 2010. The amended motion was denied on July 11, 2011, and a notice of appeal was timely filed on August 10, 2011. The appeal was docketed in this Court to the January 2012 term of court, and was submitted for decision on the briefs.
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immobilization and had broken off and lodged in his lungs. The eyewitness testified he had not seen or heard the victim do or say anything to provoke appellant's attack. Appellant testified and admitted stabbing the victim but maintained his action was justified because the victim was one of several smokers who on the day of the stabbing had surrounded appellant and "tortured" him by blowing cigarette smoke in his face and causing him to inhale the smoke, which resulted in appellant having difficulty breathing and becoming dizzy. 1. The evidence was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of felony murder with the underlying felony being aggravated assault, and possession of a knife during the commission of a crime. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Green v. State, 266 Ga. 758 (1), (2) (b) (470 SE2d 884) (1996). 2. Appellant complains the trial court erred when it declined to give his requested jury instruction on "no duty to retreat." Trial counsel submitted a written request to charge on the subject and objected at the charge conference when the trial court told counsel it would not give the charge; however, no objection was made after instructions were given to the jury following the
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closing arguments. Because an objection voiced at the charge conference does not preserve objections to the charge as subsequently given (Carruth v. State, 290 Ga. 342 (6) (721 SE2d 80) (2012)), the failure to object to the charge as given precludes appellate review "unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties." OCGA

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