Mosley v. State
| Decision Date | 09 September 1987 |
| Docket Number | No. 44739,44739 |
| Citation | 359 S.E.2d 653,257 Ga. 382 |
| Parties | MOSLEY v. The STATE. |
| Court | Georgia Supreme Court |
Robert Blevins Royce, Savannah, for Ernest T. Mosley.
Spencer Lawton, Dist. Atty., Savannah, J. Clayton Culp, Asst. Dist. Atty., Michael J. Bowers, Atty. Gen., J. Michael Davis, Asst. Atty. Gen., for State.
Appellant Ernest T. Mosley shot the victim Leonard Luster on June 28, 1986. 1 The shooting occurred following an exchange of insults between appellant's nephew and the victim about the sexual proclivities of their two dogs, a chihuahua and a husky, in which each insisted that the other's dog was a "faggot" and that his own dog was superior. As the argument grew heated, the victim threatened to "stop" or "stomp" the nephew's heart. The appellant walked to his car and got a gun which he put into his pocket. Shortly thereafter, according to appellant's testimony, the victim shoved him. Appellant shot and killed the victim.
Appellant was convicted following a jury trial and sentenced to life imprisonment. He appeals his conviction, asserting that the evidence does not support the verdict, that the court erred in not charging the jury on manslaughter, that the widow of the victim was not sequestered after she testified, and that a juror did not divulge the fact that he knew the victim's widow when the panel was asked on voir dire whether any of them knew her. We affirm.
1. Appellant's sole defense at trial was self-defense. He argues that the evidence did not support the verdict of murder. He contends that the evidence that he and the victim had been introduced only hours before the shooting, that he was not involved in the argument between his nephew and the victim concerning his nephew's dog which resulted in the victim threatening his nephew and appellant's arming himself by putting a pistol in his pocket, and that the victim shoved appellant and threw open his coat in a manner which suggested that he intended to reach for a gun, supports his claim of self-defense. However, the evidence that appellant was guilty of malice murder was sufficient so that "... any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Appellant argues that the court erred in not charging the jury on voluntary manslaughter. The evidence indicated no provocation of appellant and no participation by appellant in the argument which preceded the shooting. The appellant testified that "I didn't have no anger." However, even if the evidence had justified a charge on voluntary manslaughter, there was no written request for such a charge. A trial judge never errs in failing to include a charge on a lesser included offense unless there is a written request to charge. Daniel v. State, 248 Ga. 271, 282 S.E.2d 314 (1981); State v. Stonaker, 236 Ga. 1, 222 S.E.2d 354 (1976).
3. The trial court did not abuse its discretion in allowing the widow of the victim to remain in the courtroom after testifying. Stevens v. State, 247 Ga. 698, 278 S.E.2d 398 (1981). She did not testify again, and there is no indication that she caused any outburst or exhibited any behavior prejudicial to the appellant.
4. Appellant insists that ...
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Miles v. State
...a written request is not error") (punctuation omitted), citing Stonaker , 236 Ga. at 2 (2), 222 S.E.2d 354 ; Mosley v. State , 257 Ga. 382, 383 (2), 359 S.E.2d 653 (1987) ; Chadwick v. State , 360 Ga. App. 491 *5 (3), 861 S.E.2d 612 (2021) ); McMurtry v. State , 338 Ga. App. 622, 625 (3), 7......
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McGlohon v. State
...never errs in failing to include a charge on a lesser included offense unless there is a written request to charge." Mosley v. State, 257 Ga. 382, 383(2), 359 S.E.2d 653. "It is not reversible error for the trial court to fail to give a request to charge that is not submitted in writing by ......
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Cavender v. State, A92A2046
...errs in failing to include a charge on a lesser included offense unless there is a written request to charge." Mosley v. State, 257 Ga. 382, 383(2), 359 S.E.2d 653 (1987); French v. State, 199 Ga.App. 873(1), 406 S.E.2d 526 (1991); Givens v. State, 199 Ga.App. 845(1), 406 S.E.2d 272 (1991).......
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Mitchell v. State
...include a charge on a lesser included offense unless there is a written request to charge." (Citations omitted.) Mosley v. State, 257 Ga. 382, 383(2), 359 S.E.2d 653 (1987). 3. Finally, Mitchell contends the prosecutor improperly urged the jury to ignore what his defense counsel would state......