Brown v. State, 32739

Decision Date08 November 1977
Docket NumberNo. 32739,32739
Citation240 S.E.2d 63,240 Ga. 274
PartiesJerry BROWN v. The STATE.
CourtGeorgia Supreme Court

James J. Daly, Jr., Perry, for appellant.

Stephen Pace, Jr., Dist. Atty., Miriam D. Wansley, Asst. Dist. Atty., Perry, Arthur K. Bolton, Atty. Gen., Kirby G. Atkinson, Asst. Atty. Gen., Atlanta, for appellee.

JORDAN, Justice.

Appellant, along with two others, was indicted for kidnapping, rape, sodomy and armed robbery. Appellant moved to sever and in a separate trial was convicted of kidnapping, rape, and sodomy; sentenced to three concurrent life sentences, and appeals.

The State's evidence showed that the victim was driving to a store alone on the night of September 11, 1976, to obtain medicine for a sick child when her car ran out of gas. Her CB radio failed to work and she started walking toward the store when three black males approached in a dark red automobile. After refusing their offer of help, she was threatened with a pistol and pulled into the back seat of the car. They removed her glasses as she told them of her sick child and plead with them to release her. Later while trying to locate her glasses, she felt raised loud speakers in the back of the car. After driving to a vacant field the front passenger, whom the victim identified as the appellant, pulled off her pants and the driver raped her. After slapping her around all three men then raped her several times. All three forced her to perform acts of sodomy with each of them.

Sometime later the three males got into an argument, at which time the appellant grabbed the victim's clothes and pulled her from the car, telling the others to drive on. The car left but returned toward appellant and the victim. When appellant released the victim in order to signal the car, she grabbed her clothes and ran until she reached a house. She was admitted and the occupants testified that she was disheveled and sobbing and told them she had been assaulted by three black males. She became nauseated and informed law enforcement officers of the assault when they arrived. She told the officers that the men were in an older model dark red car; that one of the men referred to the driver as "Henry" and also "Mr. Blood"; that one of her earrings and her hair clasp had been torn off in the car; and that appellant's sleeve had been torn while she struggled with him.

Upon searching the scene of the attack, officers found red paint on a concrete slab in the field and red paint chips on the ground. They also found a hair clasp and a sleeve torn from a shirt. Investigation led officers to the home of one of the co-indictees who was known as "Mr. Blood." They found a red Ford automobile in the driveway, with raised speakers in the rear. The car had been damaged on the right side. It was owned by John Henry Tuff, one of the co-indictees, known as "Mr. Blood." Tuff informed the officers that he had loaned the car on September 11, 1976, to the appellant and David Waters, the other co-indictee. All three men were arrested, the car impounded and later searched, at which time a gold earring was found in the car.

The officers located the victim's car where she told them she left it and the car was out of gas. They later recovered a pistol from the home of Tuff's mother.

1. The trial court did not err in overruling appellant's motion to suppress certain evidence seized from the Tuff automobile. The appellant, having no proprietary interest in the car, lacked standing to complain of the search. Phillips v. State, 237 Ga. 623, 229 S.E.2d 407 (1976). Additionally, Tuff consented to the...

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9 cases
  • Williams v. State
    • United States
    • Georgia Supreme Court
    • October 17, 1979 here, a proper instruction limited the purpose to explain conduct and ascertain motives. Code Ann. § 38-302; Brown v. State, 240 Ga. 274, 275-276(4), 240 S.E.2d 63 (1977); English v. State, 234 Ga. 602, 604-605(4), 216 S.E.2d 851 4. (a) Appellant contends the trial court erred in admitti......
  • Calloway v. State
    • United States
    • Georgia Court of Appeals
    • March 15, 1991
    ...relationship to the premises to be inspected. [Cits.]" Williams v. State, 166 Ga.App. 798, 800(2), 305 S.E.2d 489. Accord Brown v. State, 240 Ga. 274(2), 240 S.E.2d 63. See also Smith v. State, 193 Ga.App. 196, 197(1), 387 S.E.2d 571. The motion to suppress was properly denied, as well, to ......
  • Fears v. State
    • United States
    • Georgia Court of Appeals
    • January 25, 1980
    ...had no proprietary interest in the house and would have no standing to object to a search to which his sister consented (Brown v. State, 240 Ga. 274, 275, 240 S.E.2d 63). This is not a case where the "absent target" and the consenting third party have common authority over and mutual use of......
  • Williams v. State
    • United States
    • Georgia Court of Appeals
    • June 2, 1983 the vehicle, and thus no legal expectation of privacy therein, the appellant may not complain of the search. Brown v. State, 240 Ga. 274, 240 S.E.2d 63 (1977); Smith v. State, 159 Ga.App. 20, 282 S.E.2d 677 (1981). Moreover, several of the stolen items were in plain view, hanging from th......
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1 books & journal articles
  • The Georgia Home Rule System - R. Perry Sentell, Jr.
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 50-1, September 1998
    • Invalid date preclude the General Assembly from enacting general laws affecting the manner in which the powers would be exercised. Id. at 264, 240 S.E.2d at 63. Thereafter, the general-statute distinction made its way into Amendment 19. For brief treatment of Myers see R. Perry Sentell, Jr., Local Go......

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