Lee v. State
| Decision Date | 19 February 1970 |
| Docket Number | No. 25603,25603 |
| Citation | 173 S.E.2d 209,226 Ga. 162 |
| Parties | James C. LEE, alias Moses King, Jr. v. The STATE. |
| Court | Georgia Supreme Court |
Bobby L. Hill, Savannah, for appellant.
R. William Barton, Dist. Atty., Augusta, Arthur K. Bolton, Atty. Gen., Atlanta, Harold N. Hill, Jr., Exec. Asst. Atty. Gen., Marion O. Gordon, Asst. Atty. Gen., Larry H. Evans, for appellee.
Syllabus Opinion by the Court
1. Enumerated error 1, the exclusion of prospective jury veniremen who stated their opposition to the death penalty, is without merit. The trial court certified that no juror was rejected for cause because he was opposed to capital punishment and that several who expressed such opposition were rejected by the State by the use of its peremptory strikes.
2. There is no merit in enumerated errors 2 and 3, which attack the constitutionality of the statutes of this State authorizing capital punishment. Chatterton v. Dutton, 223 Ga. 243, 154 S.E.2d 213, cert. den. 389 U.S. 914, 88 S.Ct. 247, 19 L.Ed.2d 266; Furman v. State, 225 Ga. 253(4), 167 S.E.2d 628; Jackson v. State, 225 Ga. 790, 792, 171 S.E.2d 501.
3. Where the appeal is from the judgment overruling the motion for a new trial, and where there is enumerated as error generally the overruling of said motion as amended and enumerated as error specifically some, but not all, of the special grounds of said motion, appellant's failure to argue in this court, either orally or by brief, the general grounds and those special grounds not specifically enumerated as error, constitutes an abandonment of such grounds not argued. Jackson v. State, supra, p. 793(6), 171 S.E.2d 501 and cit. The special ground complaining of the failure to charge on the defendant's insanity, although so abandoned, does not show error as a matter of law since there was no request for such a charge and the issue of insanity was not raised by the pleadings or the evidence. Enumerated error 4 is without merit.
4. Although the general grounds were waived, we have examined the record in this death sentence capital felony case. See Jackson v. State, supra, p. 794(7), 171 S.E.2d 501 and cit. The verdict was authorized by evidence that the decedent observed a colored man walking toward the open door in an apartment in the apartment building in which the decedent lived; that decedent asked the intruder what he was doing there; that the decedent's companion heard three shots then turned to see the intruder holding a pistol to the victim's chest; that there had been no scuffle between the victim and his assailant; that some articles previously stolen from the said building were located in a pawn shop in the defendant's name; that, several days after the shooting, the police discovered in the defendant's home articles stolen from the same apartment unit in which the victim was killed; that the defendant admitted burglarizing the apartment and shooting the decedent.
5. Enumerated error 5 asserts the denial to the...
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