Bradshaw v. State
| Decision Date | 09 October 1984 |
| Docket Number | No. 68908,68908 |
| Citation | 323 S.E.2d 253,172 Ga.App. 330 |
| Parties | BRADSHAW v. The STATE. |
| Court | Georgia Court of Appeals |
Floyd H. Farless, Rome, for appellant.
F. Larry Salmon, Dist. Atty., for appellee.
Defendant was convicted of the offense of burglary and sentenced to serve 20 years. From a denial of his amended motion for new trial, he brings this appeal. Held:
1. In his first enumeration of error, defendant contends that the trial court erred in allowing into evidence certain photographs (State's Exhibits 5 and 14) of the interior of the office in question. Defendant contends that the photographs in question were not an accurate representation of the office at the time of the alleged burglary. However, the photographs in question were identified by the owner of the burglarized office who testified that other than three minor changes that appeared in the photographs (i.e., (1) a window had been boarded up; (2) the lid on a tool box had been shut; and (3) the tool box had been pushed over [against the side of the wall] ), they fairly and accurately represented the subject office as it appeared the night of the burglary. Thus, Craft v. State, 154 Ga.App. 682, 684(2), 269 S.E.2d 490. Furthermore, Craft v. State, 154 Ga.App. 682, 684(2), 269 S.E.2d 490, supra. As a review of the record reveals no abuse of discretion by the trial court, this enumeration is without merit.
2. In enumeration 2, defendant contends that the trial court erred in denying his motion for directed verdict. In enumeration 3, he contends that the evidence in the case did not establish the necessary elements sufficient to support the jury's verdict. In both of these enumerations of error, defendant argues that the State failed to introduce any evidence of an intent to commit theft in the entered premises, as alleged in the indictment. Defendant's contentions are without merit.
The evidence adduced at trial showed that Bobby Toles is the president of Bobby J. Toles Architect, Inc.; that said corporation is located at 617 Shorter Avenue, Rome, Floyd County, Georgia; that the normal business hours of said corporation are from 9:00 a.m. to 5:00 p.m.; that on November 30, 1982, Mr. Toles went to a building committee meeting; that at the conclusion of said meeting, Mr. Toles, at approximately 9:00 p.m., drove back to his office to check up on it "because [the office had] been broken into a couple of weeks prior to that"; that he parked his automobile in the parking lot of his corporate office and got out of the automobile; that as he walked up to his office, he noticed the back door to his office was about four inches ajar; that he went back to his automobile and retrieved his pistol; that as Mr. Toles approached his office, with pistol in hand, someone jumped out of the back door to his office; that Mr. Toles had not authorized anyone to be in his office at that time; that when the person jumped out of the office, Mr. Toles raised his pistol and fired at the legs of this person; that the person did not stop but kept on running between the buildings as Mr. Toles fired a shot up into the air. The evidence further disclosed that on the night in question it had been raining off and on and that Mr. Toles' office had been "torn up ... bad."
The transcript of the trial further revealed that on the evening in question, Lieutenant Bill Kinney of the Rome Police...
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Legg v. State, A92A0645
...premises, ... could support an inference of the intent to steal particularly when no other motive is apparent. Bradshaw v. State, 172 Ga.App. 330, 332(2) (323 SE2d 253) (1984); Parrish v. State, 141 Ga.App. 631(1) (234 SE2d 174) (1977)." (Indention omitted.) Methvin v. State, 189 Ga.App. 90......
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...generally Freelove v. State, 229 Ga.App. 310, 494 S.E.2d 72 (1997). Contrary to the State's argument, nothing in Bradshaw v. State, 172 Ga.App. 330(2), 323 S.E.2d 253 (1984); Jackson v. State, 151 Ga. App. 596(2), 260 S.E.2d 565 (1979); or Parrish v. State, 141 Ga.App. 631(1), 234 S.E.2d 17......
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...giving of the instruction in this case. See Parrish v. State, supra at 631(1); Bowen v. State, supra at 577(1); Bradshaw v. State, 172 Ga.App. 330, 331(2), 323 S.E.2d 253 (1984). 3. The trial court denied appellant Clark's motion to suppress certain evidence which was found during a police ......
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