Beach v. State
| Decision Date | 26 October 1988 |
| Docket Number | Nos. 46066,46067,s. 46066 |
| Citation | 373 S.E.2d 210,258 Ga. 700 |
| Parties | BEACH v. The STATE of Georgia. WYATT v. The STATE of Georgia. |
| Court | Georgia Supreme Court |
Ronnie Joe Lane, Donalsonville, for Michael Douglas Beach.
Gilbert J. Murrah, Bainbridge, for Emeline Sigley Wyatt.
H. Lamar Cole, Dist. Atty., Charles M. Stines, Asst. Dist. Atty., Moultrie, Michael J. Bowers, Atty. Gen., Dennis R. Dunn, Asst. Atty. Gen., for the State.
Wyatt and her son by a previous marriage, Beach, were accused of murdering Wyatt's husband for his insurance by shooting him four times as he slept in his bed on January 19, 1988. Beach had told his brother that he was going to kill the victim and on the night of the incident said that he needed an excuse to go riding around. The evidence indicated that the bullets removed from the body were fired from Beach's gun. The home had been ransacked and a video cassette recorder was found in a dumpster nearby. Wyatt was continuously with her son at all times before and after the murder.
Wyatt and Beach were convicted in Colquitt Superior Court of murder and possession of a firearm during the commission of a crime. 1 They now appeal their sentences of life imprisonment for murder and five years for the firearm possession.
1. Beach argues that a mistrial should have been granted because the State placed his character into evidence in the jury's presence when a State's witness referred to Beach's prior convictions. We hold that the trial court correctly denied the motion. The answer was not responsive to the question and the trial court gave proper curative instructions to the jury. Stanley v. State, 250 Ga. 3, 295 S.E.2d 315 (1982).
2. Beach also argues that the District Attorney made improper remarks in the jury's presence, in violation of OCGA § 17-8-75. When a witness testified that blankets were folded neatly over the victim, the District Attorney, sitting next to the jury, commented "Just like a woman would do."
During a recess, the defense attorneys brought the comment to the court's attention. Wyatt's attorney specifically said that he did not want a mistrial and Beach's attorney agreed that a cautionary instruction was sufficient. We hold that because no motion for mistrial was made, the trial court did not err in failing to direct a mistrial.
Wyatt argues that the verdict was contrary to law under OCGA § 24-4-6 and against the weight of the evidence. We hold that the jury was authorized to find that the circumstantial evidence was sufficient to exclude every reasonable hypothesis save the...
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