Lawrence v. State, 32986

Decision Date10 March 1978
Docket NumberNo. 32986,32986
PartiesMonroe LAWRENCE v. The STATE.
CourtGeorgia Supreme Court

H. G. Bozeman, Dublin, Clayton Burke, Soperton, for appellant.

B. B. Hayes, Dist. Atty., Dublin, Arthur K. Bolton, Atty. Gen., B. Dean Grindle, Jr., Asst. Atty. Gen., Atlanta, for appellee.

JORDAN, Justice.

Monroe Lawrence was convicted of the murder of Joe William Manning, sentenced to life imprisonment and appeals.

The evidence showed that on May 19, 1975, the appellant, his brother and father were in a bar in Soperton when the appellant became involved in an argument with the victim, who tended the bar. The Lawrences left, then appellant returned to the bar where the argument continued over whether the appellant had paid for a six pack of beer. He was then struck over the head by the victim with a pool cue stick and ordered out of the bar. The victim then began to close the bar and had just closed the blinds on the drive-in window of the bar when the bell rang at the drive-in window. While the victim was standing at the drive-in window, he was struck by a shotgun blast from outside the window, causing his death.

Witnesses who heard the shot saw appellant with a shotgun in his hand leave the area along with his father and brother as they proceeded to the father's home a block or so from the bar. A shotgun was later found under a crib at the rear residence and given to authorities by the father.

The next day the appellant made a statement in which he said, "He (the victim) got a blackjack and came from behind the counter and he told me you had better get into your truck and for I will kill you and your brother both. He hit me over the head with the blackjack. I went out back and got a shotgun from my daddy's truck. The gun was loaded with one shell. From then on I don't remember nothing else. Me, my daddy, and James were out there. My brother stepped up behind me. I had the gun, I don't know who fired the gun. My brother Tillman rung the bell."

1. The appellant contends that the trial court erred in refusing to allow him to testify at the Jackson-Denno hearing regarding the voluntariness of his statement. Pursuant to our holding in Pierce v. State, 238 Ga. 126, 129, 231 S.E.2d 744 (1977), we returned the case to the trial court for another Jackson-Denno hearing in which the appellant would be allowed to testify and for the trial judge to make a ruling after such hearing on the voluntariness issue. This has been done, a complete hearing was held at which the appellant testified,...

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3 cases
  • Payne v. State
    • United States
    • Georgia Supreme Court
    • 21 April 1982
    ...v. State, 247 Ga. 98, 106(4), 274 S.E.2d 530 (1981); Pittman v. State, 245 Ga. 453, 455, 265 S.E.2d 592 (1980); Lawrence v. State, 241 Ga. 36, 37(1), 243 S.E.2d 78 (1978); Pierce v. State, 238 Ga. 126, 129, 231 S.E.2d 744 (1977); Schneider v. State, 130 Ga.App. 3(1), 202 S.E.2d 238 Upon rem......
  • Pittman v. State
    • United States
    • Georgia Supreme Court
    • 13 March 1980
    ...meet the standards of Jackson v. Denno, Pierce v. State, 238 Ga. 126, 231 S.E.2d 744 (1977). Pursuant to Pierce and Lawrence v. State, 241 Ga. 36, 243 S.E.2d 78 (1978), we returned the case to the trial court in order that a complete Jackson-Denno hearing be held as to the totality of the c......
  • Torres v. State
    • United States
    • Georgia Court of Appeals
    • 4 September 1990
    ...the evidence in order to be considered by the jury. See Jones v. State, 245 Ga. 592, 598(4), 266 S.E.2d 201 (1980); Lawrence v. State, 241 Ga. 36, 38, 243 S.E.2d 78 (1978). The trial judge's instructions on this issue were in harmony with the Suggested Pattern Jury Instructions of the Counc......

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