Campbell v. State
| Decision Date | 07 October 1977 |
| Docket Number | No. 54359,No. 3,54359,3 |
| Citation | 238 S.E.2d 576,143 Ga.App. 445 |
| Parties | Vincent CAMPBELL v. The STATE |
| Court | Georgia Court of Appeals |
John W. Andre, Jr., Savannah, for appellant.
Andrew J. Ryan, Jr., Dist. Atty., Robert M. Hitch, III, Asst. Dist. Atty., Savannah, for appellee.
Appellant was convicted of armed robbery and sentenced to seven years in the penitentiary.
1. In his first enumeration of error, the appellant asserts the general grounds in support of his contention that the trial court erred in denying his motion for a new trial. If there is any evidence to sustain the conviction, the judgment of the trial court must be affirmed. Herndon v. State, 132 Ga.App. 747, 209 S.E.2d 26. There was evidence in this case that shortly after the robbery the victim selected appellant's picture without hesitation from a group of photographs provided by a police detective, she unhesitatingly picked him out of a lineup which was conducted at his own request eight days after the crime, and she made a positive in-court identification of him.
Once the jury has returned a guilty verdict, and the trial court has denied appellant's motion for a new trial, Harris v. State, 234 Ga. 871, 873, 218 S.E.2d 583, 584-85; Jackson v. State, 234 Ga. 153, 154, 215 S.E.2d 2.
2. Appellant also contends that the trial court erred in failing to grant a mistrial because certain remarks made by the assistant district attorney were highly prejudicial to him. Moore v. State, 228 Ga. 662, 664, 187 S.E.2d 277, 279. No abuse of discretion appears in the record. Any prejudicial harm caused by the prosecutor's remarks was immediately corrected by the trial judge when he ruled them out of the record and instructed the jury to disregard them.
To support his claim that the prosecutor's remarks were prejudicial and influenced the jury verdict against him, appellant submitted an affidavit to the trial court...
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...the harmful effect, we find no abuse of discretion. Johnson v. State, 142 Ga.App. 526(1), 236 S.E.2d 493 (1977); Campbell v. State, 143 Ga.App. 445, 446, 238 S.E.2d 576 (1977). (g) Enumeration of error The prosecuting attorney's statement during oral argument that "there's no evidence that ......
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Simmons v. State, 57340
...motion was not an abuse of discretion in view of the court's immediate instruction to the jury to disregard the remark. Campbell v. State, 143 Ga.App. 445, 238 S.E.2d 576. Moreover, it is not error for the prosecutor to reflect upon the failure of the defense to present any evidence to rebu......
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