Jones v. State
| Decision Date | 25 January 1983 |
| Docket Number | No. 39376,39376 |
| Parties | JONES v. The STATE. |
| Court | Georgia Supreme Court |
Evita A. Paschall, Augusta, for Gerald Jones.
Sam B. Sibley, Dist. Atty., Charles R. Sheppard, Asst. Dist. Atty., Augusta, Michael J. Bowers, Atty. Gen., Mary Beth Westmoreland, Asst. Atty. Gen., Atlanta, for the State.
Gerald Jones appeals from his convictions of felony murder and criminal attempt to commit armed robbery. For these offenses, he was sentenced to life imprisonment and 10 years' imprisonment, consecutively.
1. In enumerated error 1, the appellant contends that the trial judge erred in denying his motion for a mistrial based upon the alleged announcement by counsel for a co-defendant--prior to the trial and in the presence of the entire jury panel from which the jury was to be selected--that his client would plead guilty to criminal attempt.
It has been held that the taking of the plea of a co-defendant in the presence of the entire jury panel from which the jury was to be selected, was error. Hayes v. State, 136 Ga.App. 746(1), 222 S.E.2d 193 (1975). However, the only thing reflected in the record here is that counsel for a co-defendant made an announcement that his client would plead guilty. This was not a remark made by the judge or the district attorney, nor is there any indication that the plea was actually taken at that time. It appears from the record that this was a volunteered statement by the co-defendant's counsel, and it was nothing which could have been prevented by any action of the court.
In addition, any error in this regard is rendered harmless by the facts of this case. The appellant here admitted being at the scene of the crime, but denied his actual participation in the crime while implicating other persons. A plea of guilty by one co-defendant does not reflect on the guilt of the appellant, as this plea does no more than corroborate the story given by the appellant to the police and in his testimony. Had the appellant presented a defense of alibi and denied having been present at the crime scene, then the plea might reflect harmfully on the appellant. Under the circumstances, however, no harm has been shown.
2. In enumerated error 2, the appellant challenges the admission in evidence, over objection, of a photograph depicting the body of the victim. On this photograph, the district attorney had had a pathologist, as state's witness, mark exactly where the bullet had come to rest. The appellant asserts that this altered the photograph and was done solely to inflame the minds of the jury.
In the instant case, the photograph was clearly relevant to show the nature and extent of the wounds, as it specifically depicted the location where the bullet came to rest in the body. The doctor did not actually alter the photograph, but merely made a mark thereon at the location at which he testified that the bullet had come to rest and was actually shown in the photograph, thus merely clarifying the exhibit for the jury.
3. In enumerated error 3, the appellant contends that it was error to admit in evidence a videotape recording depicting the crime scene and the location of the victim's body.
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