Grant v. State, 40066

Decision Date08 September 1983
Docket NumberNo. 40066,40066
Citation306 S.E.2d 265,251 Ga. 434
PartiesGRANT v. The STATE.
CourtGeorgia Supreme Court

Richard E. Allen, Augusta, for John Thomas Grant, Jr.

Sam B. Sibley, Jr., Dist. Atty., Laurence G. Schmidt, Asst. Dist. Atty., Augusta, Michael J. Bowers, Atty. Gen., Atlanta, for the State.

WELTNER, Justice.

John Thomas Grant, Jr. appeals his conviction and sentence to life imprisonment for the murder of Joseph Henry Kallas by means of a handgun. This is the companion case to Tyler v. State, 251 Ga. 381, 306 S.E.2d 263 (1983), wherein the circumstances of the case are fully set out.

Grant raises only one enumeration of error not addressed in Tyler. He contends that the trial court erred in allowing into evidence a color autopsy photograph of the murder victim.

This case was tried prior to our decision in Brown v. State, 250 Ga. 862, 302 S.E.2d 347 (1983), wherein we announced a rule relating to photographs displaying the results of autopsies.

We agree that the questioned photograph here would be inadmissible under Brown. That rule is prospective only, however, and we decline to hold its introduction to be reversible error.

Judgment affirmed.

All the Justices concur.

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8 cases
  • Roberts v. State
    • United States
    • Georgia Supreme Court
    • February 21, 1984
    ...of the fact that this case was tried before Brown was decided. Brown has been held to have prospective operation only. Grant v. State, 251 Ga. 434, 306 S.E.2d 265 (1983)." Ward v. State, 252 Ga. 85, 311 S.E.2d 449 (1984). Thus, we conclude that the admission of these photographs was not rev......
  • Felker v. State
    • United States
    • Georgia Supreme Court
    • March 15, 1984
    ...however, as this case was tried before Brown was decided. We have held that Brown has prospective operation only. Grant v. State, 251 Ga. 434, 306 S.E.2d 265 (1983). We have examined these photographs. They are depicted from such a close perspective that only the incisions and a small porti......
  • Goodman v. State
    • United States
    • Georgia Supreme Court
    • November 27, 1985
    ...the standard set out in Brown operated prospectively, and this case was tried prior to this court's decision in Brown. Grant v. State, 251 Ga. 434, 306 S.E.2d 265 (1983). We find no 8. The appellant asserts that the trial court erred in allowing the prosecution to question him as to various......
  • Nairon v. State
    • United States
    • Georgia Court of Appeals
    • October 12, 1994
    ...regarding the admissibility of the radar evidence, despite his failure to object when the evidence was introduced. See Grant v. State, 251 Ga. 434, 306 S.E.2d 265 (1983). Nairon argues the State failed to show that the county law enforcement agency possessed a license to operate the device ......
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