Montgomery v. State, 33482
| Decision Date | 08 June 1978 |
| Docket Number | No. 33482,33482 |
| Citation | 241 Ga. 396,245 S.E.2d 652 |
| Parties | MONTGOMERY v. The STATE. |
| Court | Georgia Supreme Court |
Ben Lancaster, Cartersville, for appellant.
Charles Crawford, Dist. Atty., T. Joseph Campbell, Asst. Dist. Atty., Arthur K. Bolton, Atty. Gen., Harrison Kohler, Asst. Atty. Gen., for appellee.
Appellant Calvin Montgomery appeals his conviction for murder and sentence of life imprisonment. We affirm.
The material facts of this case as presented by the testimony of the appellant and two eyewitnesses are undisputed. Appellant, the victim, James Hutchins and Alvin West were engaged in gambling when a dispute arose between appellant and the victim in a crap game over whether the point was nine or ten. Appellant drew a pistol on the unarmed victim who then threatened to arm himself with a shotgun. As the victim ran from the room, appellant fired two shots into his back which resulted in the victim's death. After the shooting, appellant fled to Atlanta where he subsequently turned himself in to the Atlanta Police Department. After being advised of his constitutional rights, the appellant gave a voluntary statement of his actions.
1. Appellant's first enumeration of error is that the trial court erred in failing to charge the jury as to the law of circumstantial evidence. Counsel for the appellant made no requests to charge and no objections to the charge. "A charge to the jury on circumstantial evidence is required only when the case is wholly dependent thereon." Williams v. State, 196 Ga. 503(1), 26 S.E.2d 926 (1943). In this case the jury heard direct evidence which included the testimony of two eyewitnesses, James Hutchins and Alvin West, and a confession by appellant consistent with these witnesses' testimony. Clearly, a charge on the law of circumstantial evidence was not warranted in light of this direct evidence.
2. Appellant alleges that the evidence authorized the jury to find him guilty of the lesser crime of voluntary manslaughter and that the trial court erred in failing to charge the jury on voluntary manslaughter. Counsel for appellant made no request for charge on voluntary manslaughter. The failure to charge on a lesser included offense, without request, is not error. Jackson v. State, 239 Ga. 40, 235 S.E.2d 477 (1977).
3. Appellant also alleges that the court's charge on flight was confusing and, therefore, harmful. It is uncontradicted that evidence of appellant's flight was present throughout the trial, and that this evidence authorized an instruction on flight. Evidence of flight presents an issue for the jury, and the trial court correctly charged the...
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Anderson v. State
...headquarters to report that attack when apprehended. The charge on flight was authorized by the evidence and proper. Montgomery v. State, 241 Ga. 396, 245 S.E.2d 652 (1978); Nair v. State, 236 Ga. 892, 226 S.E.2d 61 (1976). Appellants, relying on State v. Moore, 237 Ga. 269, 227 S.E.2d 241 ......
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...to consciousness of guilt or other reasons. Lockette v. State, 181 Ga.App. 649(1), 353 S.E.2d 585 (1987). See also Montgomery v. State, 241 Ga. 396(3), 245 S.E.2d 652 (1978). This court has recently rejected appellant's contention that a charge on flight must be predicated upon evidence tha......
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Moon v. State
...guilt" (Nair v. State, 236 Ga. 892, 894, 226 S.E.2d 61) is so well known as not to require citation of authority. See Montgomery v. State, 241 Ga. 396(3), 245 S.E.2d 652. "Any statement or conduct of a person indicating a consciousness of guilt, made at a time when he is charged with or acc......
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Brownlee v. State
...to be voluntary that the arresting authorities advise the suspect that he may stop the questioning at any time. Montgomery v. State, 241 Ga. 396, 397(4), 245 S.E.2d 652. Moreover, where at an earlier confrontation between the state and a suspect, full and complete Miranda advice is given th......