Carter v. State, 34218
| Decision Date | 05 December 1978 |
| Docket Number | No. 34218,34218 |
| Citation | 242 Ga. 695,251 S.E.2d 285 |
| Parties | CARTER v. The STATE. |
| Court | Georgia Supreme Court |
August F. Siemon, Waycross, for appellant.
Dewey Hayes, Dist. Atty., Arthur K. Bolton, Atty. Gen., Mary Beth Westmoreland, Clarkston, for appellee.
Oscar V. Carter appeals his conviction and life sentence for the murder of Diane Stephens.
1. Appellant contends that the trial court erred in overruling his motion for mistrial because of evidence introduced by the state which put his character in issue. The evidence related to pills and a syringe found at appellant's premises and photographs depicting this evidence. Prior to the motion for mistrial, the state had already withdrawn the evidence stating that it had been offered only to show the condition of the deceased at the time of the shooting. After the motion for mistrial, the state offered to stipulate to the court in the presence of the jury that the pills and syringe were not the appellant's property but were only offered to show the deceased's condition. Appellant never requested that the stipulation be made. The trial court ruled that the appellant's character had not been put in issue by this evidence and denied the motion for mistrial. We affirm. Whippler v. State, 218 Ga. 198, 126 S.E.2d 744 (1962).
2. The trial court did not err in allowing a police officer to testify as to his opinion that the substance on a washcloth found at the scene looked like blood. Wimis v. State, 216 Ga. 350, 116 S.E.2d 547 (1960).
3. The evidence is sufficient to support the verdict of guilty.
Judgment affirmed.
All the Justices concur.
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Spence v. State
...testimony that a substance appeared to be blood. The contention is wholly without merit; the opinion was allowable. Carter v. State, 242 Ga. 695(2), 251 S.E.2d 285 (1978); Thomas v. State, 67 Ga. 460(4) (1881). Moreover, when the state attempted to develop the line of questioning, appellant......
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Carter v. Montgomery
...County, Georgia, to life imprisonment. The Supreme Court of Georgia affirmed both the conviction and the sentence. Carter v. State, 242 Ga. 695, 251 S.E.2d 285 (1978). Carter then filed a petition for a writ of habeas corpus in the Superior Court of Tattnall County. After a hearing held Apr......
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