Boyd v. State, 49869
| Decision Date | 02 December 1974 |
| Docket Number | No. 2,No. 49869,49869,2 |
| Citation | 133 Ga.App. 431,211 S.E.2d 387 |
| Parties | Shirley BOYD v. The STATE |
| Court | Georgia Court of Appeals |
Ben S. Atkins, Dorothy D. Atkins, Michael R. Schumacher, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Carter Goode, Joseph J. Drolet, Asst. Dist. Attys., Atlanta, for appellee.
Syllabus Opinion by the Court
The defendant appeals from her conviction of voluntary manslaughter and two pistol misdemeanors, and her sentence of 15 years (3 of which to be probated) and two 12-month sentences, to be served concurrently with each other and with the 15-year sentence.
1. Although the overruling of the amended motion for new trial is enumerated as error, a search of the record reveals only a motion containing the three usual general grounds, which are deemed abandoned by not having been argued. Trask v. State, 132 Ga.App. 645, 649(11), 208 S.E.2d 591 and cit. Furthermore, the evidence authorized the verdict, the evidence that two pistol bullets were fired by the defendant being inconsistent with her contention of accident. Trask, supra, p. 650(15), 208 S.E.2d 591 and cit.
2. The enumeration as error of the contended admission in evidence of the defendant's signed, written statement to the police, which she claims was made without a waiver of counsel-is without merit. Although marked as state's exhibit 5, the statement itself was never admitted in evidence. See Harris v. State, 96 Ga.App. 395(2), 100 S.E.2d 120. Defendant's counsel, on direct examination, had elicited the defendant's testimony about certain statements she claimed to have made to the police, and the state merely cross examined her without objection, as to this prior, inconsistent, written statement. See Campbell v. State, 231 Ga. 69, 77(3b), 200 S.E.2d 690. Moreover, the prior, inconsistent statement itself was not even a confession, since the defendant did not admit having voluntarily shot the defendant, but merely stated therein that the 'gun went off' after she had a flashback to the time when she had been raped when she was sixteen years old.
3. Counsel for the defendant requested that the trial judge conduct a pre-sentence investigation and then sentence the defendant. The defendant, who was present, made no objection at that time or subsequently during the trial. Her counsel contends, for the first time on appeal, that the trial judge erred in accepting the waiver of the jury sentencing by defense counsel and in fixing the sentence without ascertaining whether the defendant knowingly and intelligently waived this statutory right.
The jury found that the appellant was guilty of the offense charged, and the fact that the trial judge fixed the sentence, pursuant to defense counsel's request, rather than the jury, as is allowed under the provisions of Code Ann. § 27-2534 (), did not deprive her of the right to trial by jury. Bowman v. State, 231 Ga. 220, 221(1), 200 S.E.2d 880 and cits. '(A) person may waive or renounce what the law has established in his favor, when he does not thereby injure others or affect the public interest.' Code § 102-106. The defendant, in retaining her counsel, authorized him to act for her and represent her best interests in the case. Code § 4-101. His waiver of jury sentencing not only did not injure others or affect the public interest, but it is not shown to have injured her own interest, since a jury might have fixed a harsher sentence than did the judge. If defense counsel were required to completely instruct their clients in the law and the implications of every tactical and strategic action they take in representing them in trials, the process of obtaining justice, already a tortuous and lengthy route, would be made even more...
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Boling v. State, 35523
...Williams v. State, 232 Ga. 203, 206 S.E.2d 37 (1974); Rogers v. State, 137 Ga.App. 319(2), 223 S.E.2d 456 (1976); Boyd v. State, 133 Ga.App. 431(1), 211 S.E.2d 387 (1974). In addition, the main defense advanced by the appellant was self-defense. "When a person claims to be acting in self-de......
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...520 S.E.2d 205 (1999). The proof that Lambright was shot three times is not consistent with an accidental shooting. Boyd v. State, 133 Ga.App. 431(1), 211 S.E.2d 387 (1974). The State also established the existence of a motive, in that Glenn believed the victim was instrumental in arranging......
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Johnson v. Heifler, 53406
...that enumerations of error not argued are deemed abandoned. Ezzard v. State, 229 Ga. 465(1), 192 S.E.2d 374 (1972); Boyd v. State, 133 Ga.App. 431(1), 211 S.E.2d 387 (1974). Court of Appeals Rule 16(a), Code Ann. § 24-3616(a), requires that " the brief for the appellant . . . must be filed ......
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Dozier v. State
...agreement of his counsel on the subject matter.' Strozier v. State, 231 Ga. 140, 141(1), 200 S.E.2d 762. See also Boyd v. State, 133 Ga.App. 431(3), 211 S.E.2d 387. 2. The trial judge did not abuse his discretion in ruling that the following question of defense counsel in examining a prospe......