Black v. State, 27855
| Citation | 198 S.E.2d 314,230 Ga. 614 |
| Decision Date | 10 May 1973 |
| Docket Number | No. 27855,27855 |
| Parties | Blossie Mae BLACK v. The STATE. |
| Court | Supreme Court of Georgia |
Lionel E. Drew, Jr., Drew, Hendrix & Shea, Savannah, for appellant.
Andrew J. Ryan, Jr., Dist. Atty., Andrew J. Ryan, III, N. Harvey Weitz, Savannah, Arthur K. Bolton, Atty. Gen., Courtney Wilder Stanton, Dorothy T. Beasley, Asst. Attys. Gen., David J. Bailey, Deputy Asst. Atty. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
1. This appeal arises from the appellant's conviction of the murder of her divorced husband. The evidence for the State authorized a finding that the deceased was shot four times, that after the deceased was shot the defendant beat him on the head with her shoe, and that the defendant was seen just a few minutes before the shooting looking for the deceased with a pistol in her hand and threatening to kill the deceased because of an assault on the defendant by the deceased the prior night. The evidence authorized the conviction.
2. On the trial of the case counsel for the defendant objected to a question asked a witness for the state as being repetitious, while on appeal it is contended that such question was leading. A review of the transcript shows that the question was neither repetitious nor leading. Accordingly, such enumeration of error is without merit.
3. Campbell v. State, 222 Ga. 570, 573, 151 S.E.2d 132, 134.
Prior to the enactment of the Act of 1962 (Ga.L.1962, pp. 133, 134, Code Ann. § 38-415), the unsworn statement of a defendant was insufficient to authorize the introduction of sworn testimony of other witnesses as to violent and turbulent character of the deceased. See Chapman v. State, 155 Ga. 393, 117 S.E. 321, and cits. Under the provisions of the Act of 1962, supra, the sworn testimony of a defendant has the same evidentiary value as that of any...
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...the accused had been assailed, and that the defendant was honestly seeking to defend himself." [Cits.]' [Cit.]" Black v. State, 230 Ga. 614, 615(3), 198 S.E.2d 314 (1973). Where such a prima facie showing is made, testimony concerning the victim's general reputation for violence is "admissi......
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...honestly acted in self-defense. See State v. James, supra; United States v. McIntire, 461 F.2d 1092 (5th Cir. 1972); Black v. State, 230 Ga. 614, 198 S.E.2d 314 (1973); Chacon v. People, 175 Colo. 437, 488 P.2d 56 (1971); Allen v. State, 38 Fla. 44, 20 So. 807 (1896); 1 A.L.R.3d 571 (1965).......
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Milton v. State, 35477
...126(1), 243 S.E.2d 859, 860 (1978). To the same effect: Campbell v. State, 222 Ga. 570, 573, 151 S.E.2d 132 (1966); Black v. State, 230 Ga. 614, 615, 198 S.E.2d 314 (1973); Henderson v. State, supra. The rule requiring proof by the defendant of a prima facie case of present assault by the d......
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McDonald v. State, 73204
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