Music v. State, 35547
| Decision Date | 05 December 1979 |
| Docket Number | No. 35547,35547 |
| Citation | 244 Ga. 832,262 S.E.2d 128 |
| Parties | MUSIC v. The STATE. |
| Court | Georgia Supreme Court |
James C. Abernathy, Brunswick, for appellant.
Glenn Thomas, Jr., Dist. Atty., Arthur K. Bolton, Atty. Gen., Mary Beth Westmoreland, Staff Asst. Atty. Gen., for appellee.
The jury found the defendant guilty of murder, and he was sentenced to life in prison. On appeal, his sole enumeration of error is that the trial judge erred in denying his motion for new trial on the ground that he should have been allowed to prove previous, specific acts of violence of the victim against persons other than the appellant showing the same type of violence that was threatened against him, for the purpose of showing that the victim had a long reputation for acts of a like nature.
1. Even assuming that the evidence in this case was sufficient to make a prima facie showing that the unarmed victim was assailing the defendant at the time of the shooting, so as to make evidence of the character of the victim admissible (Maynor v. State, 241 Ga. 315, 316, 245 S.E.2d 268, 269 (1978) and cits.), "where the deceased's general character is admissible, his character for violence cannot be established by Specific acts." (Emphasis supplied.) Maynor v. State, supra, p. 315, 245 S.E.2d p. 269 and cits. In Henderson v. State, 234 Ga. 827(1), 218 S.E.2d 612 (1975), cited by the appellant, although this court held that the defendant should have been allowed to show the General reputation for shooting people, the court nevertheless excluded Specific acts of violence to show that general reputation.
The trial judge properly limited the evidence to general reputation, excluding specific acts of violence, and properly denied the motion for new trial on this ground.
2. The appellant has filed in this court a "motion for extraordinary relief," alleging the discovery by his attorney of certain unspecified newly-discovered evidence, allegedly discovered after the motion for new trial was overruled, but before the time for filing the notice of appeal to this court had expired. It is alleged that "in order for equity and justice to prevail, the supreme court should remand the case to the trial court for further hearing on appellant's motion for new trial," and that "his attorney could not petition the trial court due to the running of the 30-day limitation period on the filing of the notice of appeal."
We consider the motion to be one in the nature of an extraordinary motion for new trial upon the ground of newly-discovered evidence. Such motion is not properly made initially in the appellate court, which is for the correction of errors from the trial court. Even when it is properly filed in the trial court, moreover, it is not favored by the law, is addressed to the sole discretion of the trial judge (Bradley v. Bradley, 232 Ga. 717, 718, 208 S.E.2d 817 (1974) and cits.), and must satisfy the court of the six conditions set out in Emmett v. State, 232 Ga. 110, 117(7a), 205 S.E.2d 231 (1974) and cit.
Even if the motion be considered merely as one to remand the case to the trial court for the motion to be heard, or a motion to be formally made, a sufficient...
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Ailstock v. State, 61822
...v. State, 241 Ga. 125, 126(1), 243 S.E.2d 859 (1978). See also Maynor v. State, 241 Ga. 315, 245 S.E.2d 268 (1978); Music v. State, 244 Ga. 832, 262 S.E.2d 128 (1979). Despite defense counsel's repeated protestations that "character is one of the enumerated ways to impeach under Georgia law......
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Chandler v. State
...479 (1982); Respress v. State, 249 Ga. 731, 293 S.E.2d 319 (1982); Smith v. State, 247 Ga. 453, 276 S.E.2d 633 (1981); Music v. State, 244 Ga. 832, 262 S.E.2d 128 (1979); Andrews v. State, 118 Ga. 1, 43 S.E. 852 ...
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Boyce v. State, 74410
...was of particular transactions tending to show defendant's good character and, as such, was properly excluded. See Music v. State, 244 Ga. 832(1), 262 S.E.2d 128 (1979); Wilson v. State, 190 Ga. 824(3), 10 S.E.2d 861 (1940). We likewise find no error in the trial court's refusal of defendan......
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...Harrison v. State, 251 Ga. 837, 838-839, 310 S.E.2d 506 (1984); Golden v. State, 250 Ga. 428, 297 S.E.2d 479 (1982); Music v. State, 244 Ga. 832, 262 S.E.2d 128 (1979). 2. When Lolley surrendered himself, he volunteered to the jailer, with no prompting, that he had killed someone. Then he t......