Dorsey v. State

Decision Date22 June 1987
Docket NumberNo. 74829,74829
Citation359 S.E.2d 195,183 Ga.App. 409
PartiesDORSEY v. The STATE.
CourtGeorgia Court of Appeals

Sara F. Miller, Atlanta, for appellant.

Harry N. Gordon, Dist. Atty., Richard J. Weaver, Asst. Dist. Atty., for appellee.

BANKE, Presiding Judge.

Dorsey appeals his conviction of aggravated assault. Held:

1. It is contended that a "mugshot" of Dorsey, admitted over his objection, was unduly prejudicial in that it improperly placed his character in issue. The photograph was introduced for identification of Dorsey and does not suggest that Dorsey had been the subject of prior arrests or convictions for other offenses. It is well settled that the mere admission into evidence of a " 'picture of defendant with an identifying number does not indicate that the defendant was guilty of any previous crime and does not place his character in issue.' [Cits.]" Anderson v. State, 152 Ga.App. 268, 269(2), 262 S.E.2d 560 (1979). See also Duckworth v. State, 246 Ga. 631, 635(6), 272 S.E.2d 332 (1980). This enumeration is consequently without merit.

2. Dorsey contends that the evidence was insufficient to support the verdict. The evidence established that Dorsey committed an act with a deadly weapon which placed the victim in reasonable apprehension of immediately receiving a violent injury. Applying the standard enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), we hold that the evidence was sufficient to enable a rational trier of fact to find him guilty beyond a reasonable doubt of aggravated assault.

Judgment affirmed.

CARLEY and BENHAM, JJ., concur.

To continue reading

Request your trial
8 cases
  • Aldridge v. State
    • United States
    • Georgia Court of Appeals
    • February 2, 1999
    ...was guilty of any previous crime and does not place his character in issue." (Citations and punctuation omitted.) Dorsey v. State, 183 Ga.App. 409(1), 359 S.E.2d 195 (1987). Further, the photograph did show Aldridge's appearance shortly after his arrest and thus was relevant as some evidenc......
  • Lanzo v. State, 76036
    • United States
    • Georgia Court of Appeals
    • June 15, 1988
    ...a "prejudicial" photograph depicting defendant on the day of his arrest "with long hair." We find no error. See Dorsey v. State, 183 Ga.App. 409(1), 359 S.E.2d 195. 3. In his third enumeration of error, defendant contends the trial court erred in charging the jury on three occasions (twice ......
  • Bettis v. State, A07A0063.
    • United States
    • Georgia Court of Appeals
    • June 4, 2007
    ...character in issue and, therefore, is not error. Simmons v. State, 186 Ga.App. 886, 888(4), 369 S.E.2d 36 (1988); Dorsey v. State, 183 Ga.App. 409(1), 359 S.E.2d 195 (1987). Consequently, this enumeration lacks 3. Bettis contends the trial court erred in refusing to give a requested jury in......
  • Billings v. State
    • United States
    • Georgia Court of Appeals
    • February 4, 1994
    ...was guilty of any previous crime and does not place his character in issue." (Citations and punctuation omitted.) Dorsey v. State, 183 Ga.App. 409(1), 359 S.E.2d 195 (1987). Consequently, a mistrial was not warranted, and the trial court did not err in denying the motion. 8. Lastly, Billing......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT