Hutchinson v. State
Decision Date | 24 June 1986 |
Docket Number | No. 72103,72103 |
Citation | 347 S.E.2d 315,179 Ga.App. 485 |
Parties | HUTCHINSON v. The STATE. |
Court | Georgia Court of Appeals |
Michael L. Murphy, Bremen, for appellant.
William A. Foster III, Dist. Atty., Donald Wilson, Asst. Dist. Atty., for appellee.
Appellant was convicted of burglary and sentenced as a recidivist. On appeal, he asserts error in the denial of his motion for directed verdict of acquittal, made at the close of the State's evidence, and in the denial of his motion for mistrial, made during the closing argument of the assistant district attorney.
1. The burglary victim testified she found her home partially ransacked and an open window with one broken pane. The window, designated as the burglar's point of entry into the home, was described as being five to eight feet above the ground. An investigating officer preserved the largest shard of broken glass, from which one fingerprint was lifted and identified as a print of appellant's left index finger. The victim testified she did not know appellant; had never invited him to her home; had never employed him to do work about her home; and had never given him permission to be in or around her house. None of the stolen goods was recovered.
Appellant insists that a directed verdict of acquittal was in order because the evidence showed only his mere presence at the scene of a crime, which is insufficient to warrant conviction. Childs v. State, 176 Ga.App. 549, 336 S.E.2d 309 (1985).
Brown v. State, 175 Ga.App. 778, 334 S.E.2d 365 (1985). A directed verdict of acquittal was not in order. Compare Anthony v. State, 85 Ga.App. 119, 68 S.E.2d 150 (1951).
2. Appellant contends that his motion for mistrial, made during...
To continue reading
Request your trial-
Russell v. State
...to rebut the proof adduced by the state. Ayers v. State, 181 Ga.App. 244, 253(5(g)), 351 S.E.2d 692 (1986); Hutchinson v. State, 179 Ga.App. 485, 347 S.E.2d 315 (1986); Smith v. State, 170 Ga.App. 673, 317 S.E.2d 626 (1984). In considering any objected to remark, its context should be consi......
-
Carrero v. State
...488 S.E.2d 489. If so, the fingerprints could have been impressed only at the time of the commission of the crime. Hutchinson v. State, 179 Ga.App. 485(1), 347 S.E.2d 315. The evidence was sufficient to authorize a rational trier of fact to conclude that defendant was guilty beyond a reason......
-
Brown v. State
...omitted.) Dix v. State, 246 Ga.App. 338, 340(2), 540 S.E.2d 294 (2000). 12. Id. 13. (Citations omitted.) Hutchinson v. State, 179 Ga.App. 485, 486(2), 347 S.E.2d 315 (1986). ...
-
Jones v. State, 75660
...not constitute reversible error. [Cit.]" Smith v. State, 170 Ga.App. 673, 674, 317 S.E.2d 626 (1984). See also Hutchinson v. State, 179 Ga.App. 485, 486(2), 347 S.E.2d 315 (1986); Hufstetler v. State, 171 Ga.App. 106, 110(13), 319 S.E.2d 869 (1984); Brown v. State, 157 Ga.App. 473, 475(4), ......