Glass v. State, 29947
| Decision Date | 11 September 1975 |
| Docket Number | No. 29947,29947 |
| Citation | 235 Ga. 17,218 S.E.2d 776 |
| Parties | Dorsey Lee GLASS v. The STATE. |
| Court | Georgia Supreme Court |
J. Douglas Willix, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Carole E. Wall, Asst. Dist. Atty., Arthur K. Bolton, Atty. Gen., Kirby G. Atkinson, Staff Asst. Atty. Gen., Atlanta, for appellee.
The appellant was convicted of murder, sentenced to life imprisonment and appeals.
Appellant, Dorsey Lee Glass, and Evelyn Henderson had lived together for eight years in Mrs. Henderson's side of a duplex in Atlanta. The duplex was also occupied by Mrs. Henderson's children, grandchildren and mother, Charlie Pearl Mann, who lived in the other side of the duplex. On July 4, 1974, appellant and Mrs. Henderson argued, at which time appellant struck Mrs. Henderson knocking her down. Mrs. Henderson told appellant to leave, that he could no longer live with her. Next day appellant showed up at Mrs. Henderson's place of employment and threatened to kill her. Evelyn Henderson testified that on the morning of July 6, 1974, appellant called twice on the telephone and threatened to kill her and every member of her family. Mrs. Henderson's mother answered the third call at which time the appellant made the same threats.
Later that evening Mrs. Henderson, her mother and the children were sitting on the screended front porch of the duplex. The group was joined by the victim, Jerrie Lynn Benjamin, a neighbor. After a short visit, Miss Benjamin left the porch to walk to a nearby store. Upon her return, she stated that she had seen appellant walking up the street with a rifle wrapped in a newspaper. Somewhere between 7:30 and 8:00 p.m. shots began to ring out from across the street. Miss Benjamin was shot and fell to the floor screaming that appellant had shot her. When the shooting began Mrs. Mann fell to the floor. From her position on the floor she could see appellant across the street shooting a rifle. Evelyn Henderson from inside the house also identified appellant as the one shooting the rifle. A neighbor who lived in the adjacent house testified that she saw appellant across the street with a rifle. Miss Benjamin died from the gunshot wound.
Thomas Lee Philpot, an acquaintance of appellant's, testified that on July 6, 1974 before the shooting, appellant came to his house and borrowed a .22 caliber automatic rifle. Appellant wrapped the rifle in a rug and immediately left. The bullets removed from the victim and at the scene were .22 caliber.
Walter Tucker and his brother testified for the defendant that appellant was lying in their front yard at approximately 3:30 or 4:00 p.m. on July 6. They further testified that appellant did not leave their yard until around 7:30 or 8:00 p.m. when he came into the house to sleep. Neither man approached appellant or talked to him while he was in their yard. Their testimony placed appellant at their house until the morning of July 7, 1974.
Appellant's son testified that his father was intoxicated when he drove appellant to the Tuckers' house at approximately 2:00 to 3:00 p.m. on July 6. Appellant's testimony was essentially the same, that he had become intoxicated in the early afternoon, and that his son had later driven him to the Tuckers' where he remained from around 2:00 or 3:00 p.m. until the morning of July 7.
1. Appellant's first enumeration of error is on general grounds. In passing on the sufficiency of the evidence, this court must inspect the record to discern whether there is any evidence which will support the jury's verdict. Cochran v. State, 213 Ga. 706, 100 S.E.2d 919. There is ample...
To continue reading
Request your trial
-
White v. State
...case could not have materially affected the jury's verdict in this case and is not a good ground for a new trial. Glass v. State, 235 Ga. 17, 18(2), 19, 218 S.E.2d 776. 6. Next, the defendant enumerates the overruling of his motion for a new trial on the ground of ineffective assistance of ......
-
Parker v. State
...is a factor to be considered on appellate review in determining whether the admission thereof is reversible error. Glass v. State, 235 Ga. 17, 19, 218 S.E.2d 776 (1975). Cumulativeness, however, is not an exception to the hearsay rule and certainly affords no basis for an evidentiary ruling......
-
Lightsey v. State
...inadmissible evidence. Payne v. State, 152 Ga.App. 471, 473, 263 S.E.2d 251; Robinson v. State, 229 Ga. 14, 189 S.E.2d 53; Glass v. State, 235 Ga. 17, 218 S.E.2d 776. 4. We find no prejudicial error in the admission in evidence of buckshot and wadding from a shotgun shell. Dr. Zaki, a Medic......
-
Miller v. State
...regarding the identity and contents of the document. Faircloth v. State, 253 Ga. 67, 69(3), 316 S.E.2d 457 (1984); Glass v. State, 235 Ga. 17, 19(2), 218 S.E.2d 776 (1975). 4. In his sixth enumeration of error Miller contends that the trial court erred by allowing Officer James to testify, ......