McCane v. State
| Decision Date | 25 October 1978 |
| Docket Number | No. 56573,56573 |
| Parties | McCANE v. The STATE. |
| Court | Georgia Court of Appeals |
Robert E. Reily, III, Loganville, for appellant.
J. W. Morgan, Dist. Atty., Charles E. Day, Asst. Dist. Atty., Covington, for appellee.
This appeal is from appellant's conviction for the offense of reckless conduct. Code Ann. § 26-2910. The indictment alleged that appellant endangered the life of named persons by shooting at and in the direction of their mobile home.
1. "The first enumeration of error is on the general grounds. 'On appeals from findings of guilt, the presumption of innocence no longer prevails, the fact finders have determined the credibility of witnesses, the fact finders have been convinced beyond a reasonable doubt, and the appellate courts review the evidence only to determine if there is any evidence sufficient to authorize the fact finder to return the verdict of guilty. (Cits.)
" Pinkney v. State, 144 Ga.App. 768, 242 S.E.2d 364.
2. Appellant's second enumeration of error contends that the trial court erred in refusing appellant's written requests to charge the jury. We find no such error.
Appellant's first two requested charges were on criminal intent. The trial court's charge on that issue was from the Model Jury Charges adopted by the Council of Superior Court Judges of Georgia. The language concerning intent was from Code Ann. § 26-605. As given, the charge correctly covered the requested principle of law. There was no error in refusing appellant's charge. Carter v. State, 146 Ga.App. 322(3), 246 S.E.2d 378.
The charge on justification requested by appellant consisted of the first portion of Code Ann. § 26-901, which states that there is a defense of justification, but omitted the list of circumstances in which justification could be claimed. The requested instruction was, therefore, incomplete and there was no error in refusing to give the charge. Brown v. State, 103 Ga.App. 525(5), 119 S.E.2d 721.
The last two requests that appellant contends were refused by the trial court were taken from Code Ann. § 26-2910, the section under which appellant was indicted. Appellant's complaint is not that the trial court did not give that section in its charge, but that the court did not break the section into two parts as appellant requested. The court's refusal to split the Code section into two parts was not error for the same reason the court's refusal to charge in the...
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McNeese v. State
...province of the trier of fact, the jury in the case sub judice. See Jones v. State, 147 Ga.App. 296, 248 S.E.2d 557; McCane v. State, 147 Ga.App. 730(1), 250 S.E.2d 181. The jury in this case is also the final arbiter of any conflicts in the evidence despite the defendant's denial of guilt ......
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Haralson v. State, A96A1164
...specific requested charge because the charge that was given adequately covered the applicable principle of law. McCane v. State, 147 Ga.App. 730, 731, 250 S.E.2d 181 (1978); Brown, supra at 5. Haralson also enumerates as error the trial court's refusal to allow character witness testimony a......
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Bowers v. State, 70368
...of guilty of reckless conduct would be authorized. Cf. Horowitz v. State, 243 Ga. 441, 254 S.E.2d 828 (1979); McCane v. State, 147 Ga.App. 730, 250 S.E.2d 181 (1978). "Since the evidence warranted a charge on the lesser included offense ... and appellant made a proper written request for su......
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Barnett v. State, A00A0317.
...to refuse to give written request on defense of justification, where request was not complete statement of law); McCane v. State, 147 Ga.App. 730(2), 250 S.E.2d 181 (1978); Green v. State, 240 Ga.App. 774, 777-778(3), 525 S.E.2d 154 (1999). Defendants do not contend that renunciation of cri......