Appleby v. State, 43498

• Decision Date: 07 October 1986
• Docket Number: No. 43498,43498
• Citation: 256 Ga. 304,348 S.E.2d 630
• Parties: APPLEBY v. STATE.
• Court: Georgia Supreme Court

Page 630

348 S.E.2d 630

256 Ga. 304

APPLEBY v.STATE.

No. 43498.

Supreme Court of Georgia.

Oct. 7, 1986.

Jerry C. Gray, Jefferson, for Mitchel Appleby.

Timothy G. Madison, Dist. Atty., T. David Motes, John G. Wilbanks Jr., Asst. Dist. Attys., Jefferson, Michael J. Bowers, Atty. Gen., J. Michael Davis, Asst. Atty. Gen., for the State.

CLARKE, Presiding Justice.

The appellant was convicted of murder by a jury in Jackson County for the stabbing death of Jerry Bailey.On appeal he raises error in the introduction of photographs of the victim, restriction of cross-examination and redirect examination of certain witnesses and the sufficiency of the evidence of murder.¹

The appellant and victim had been friends, and the victim and his girlfriend had lived in appellant's home for a short time.This living arrangement had led to an argument based on the appellant's claim for unpaid rent due to him from the victim.

On May 3, 1982, the appellant took the victim and his girlfriend to town to cash the victim's Social Security check for $100.When the victim got the cash he went over to appellant's car and gave him $60.

The evidence shows that appellant was not satisfied with the $60 payment and an argument concerning the money and the affections of the girlfriend began.The girlfriend testified that the victim struck the first blow with his fist.The appellant pulled a knife and stabbed the victim at least three times.The cause of death was internal bleeding from several arteries in the chest.According to witnesses the appellant was leaning on the victim and was stabbing him as the victim tried to retreat.The appellant contended he thought the victim had a gun and he was acting in self-defense, although he admitted he never saw another weapon; no other weapon was found on the victim or at the scene.

1.We reject the contention that the state's evidence would only support a verdict of voluntary manslaughter.The jury was instructed on voluntary manslaughter and chose to find the accused guilty of malice murder.Our review of the record supports the finding that the evidence was sufficient under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560(1979).

2.The state introduced five photographs of the victim's body and the appellant argues this was error demanding reversal.The photographs each show the locations of different wounds inflicted on the victim by appellant's knife.These were not photographs made during or after autopsy and Brown v. State, 250 Ga. 862, 302 S.E.2d 347(1983), decided after the trial in this case, does not apply.The nature and location of the wounds were relevant and the photographs were properly admitted.Lamb v. State, 241 Ga. 10, 243 S.E.2d 59(1978);Brown, supra.

3.Appellant enumerates as error the trial court's sustaining a hearsay objection while defense counsel was cross-examining a police officer who investigated the stabbing.He contends that the testimony sought to be elicited was original evidence of the officer's motives, OCGA 24-3-2, and therefore admissible.Momon v. State, 249 Ga. 865, 294 S.E.2d 482(1982).Defense counsel asked the officer what an alleged witness had told him she had seen.It has not been shown that the motives or any conduct of the investigating officer were relevant to any issue in the case and we find no error.SeeTeague v. State, 252 Ga. 534, 314 S.E.2d 910(1984).

4.The appellant further contends the trial court erred in restricting defense counsel's attempt to rehabilitate a character witness on redirect...