Lindsey v. State, A90A0630
| Decision Date | 08 June 1990 |
| Docket Number | No. A90A0630,A90A0630 |
| Citation | 395 S.E.2d 328,196 Ga.App. 67 |
| Parties | LINDSEY v. The STATE. |
| Court | Georgia Court of Appeals |
John E. Sawhill, III, Rome, for appellant.
Stephen F. Lanier, Dist. Atty. and Harold Chambers, Asst. Dist. Atty., for appellee.
After a jury trial, appellant was found guilty of two counts of voluntary manslaughter. He appeals from the judgments of conviction and sentences entered by the trial court on the jury's guilty verdicts.
1. The trial court's admission into evidence of an incriminating statement given by appellant to investigating officers is enumerated as error.
A Jackson-Denno hearing was held. The transcript of the hearing authorized the trial court to find that appellant waived his rights and freely and voluntarily gave the incriminating statement at a time when he showed no signs of intoxication. " Butler v. State, 194 Ga.App. 208(1), 390 S.E.2d 278 (1990). See also Henson v. State, 258 Ga. 600(1), 372 S.E.2d 806 (1988).
2. The trial court's giving of an instruction on flight is enumerated as error. Contrary to appellant's contentions, however, Wilson v. State, 257 Ga. 444, 447(4), 359 S.E.2d 891 (1987).
3. The trial court did not err in giving instructions on voluntary manslaughter. Although appellant relied on a theory of accidental discharge of his gun, he testified that the victims had struck and cut him. Brooks v. State, 170 Ga.App. 171, 172, 316 S.E.2d 815 (1984). See also Paynter v. State, 164 Ga.App. 391, 297 S.E.2d 327 (1982).
4. The trial court's failure to instruct on involuntary manslaughter is enumerated as error. However, the record shows that, ...
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...not be disturbed on appeal unless clearly erroneous. Kincey v. State, 191 Ga.App. 300, 301, 381 S.E.2d 439 (1989); Lindsey v. State, 196 Ga.App. 67, 395 S.E.2d 328 (1990); McDaniel v. State, 204 Ga.App. 753, 754, 420 S.E.2d 636 (1992); Hayes v. State, 203 Ga.App. 143, 145, 416 S.E.2d 347 (1......
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...did not err in charging the jury on the issue of flight. The evidence that appellant did not remain at the scene (Lindsey v. State, 196 Ga.App. 67(2), 395 S.E.2d 328), raised the issue whether in all the circumstances his act of leaving was due to consciousness of guilt or was attributable ......
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...... must be accepted by appellate courts unless such determinations are clearly erroneous. (Cit.)' [Cits.]" Lindsey v. State, 196 Ga.App. 67(1), 395 S.E.2d 328 (1990). The uncontradicted evidence supports the finding of the trial court in the instant case. Accordingly, appellant's incrimina......