Parrott v. State, 49943
| Decision Date | 12 February 1975 |
| Docket Number | No. 49943,No. 2,49943,2 |
| Citation | 133 Ga.App. 931,213 S.E.2d 77 |
| Parties | Johnny PARROTT v. The STATE |
| Court | Georgia Court of Appeals |
Horace T. Clary, Rome, for appellant.
F. Larry Salmon, Dist. Atty., Robert D. Engelhart, Asst. Dist. Atty., Rome, for appellee.
Syllabus Opinion by the Court
The defendant appeals from his conviction of theft by taking and his one-year sentence.
1. '(I)n a felony case all testimony and proceedings in the case must be reported, except the argument of counsel.' Aiken v. State, 226 Ga. 840, 842, 178 S.E.2d 202, 204. In the absence of a contention of any error in the sentencing and in view of the misdemeanor punishment imposed, however, the absence of a transcript of the presentence hearing in the transcript transmitted to this court, enumerated as error by the appellant, shows no necessity to have a supplemental transcript sent up in accordance with the provisions of Code Ann. § 6-805(f) or (g) (Ga.L.1965, pp. 18, 24).
2. The evidence authorized the verdict. Three photographs (state's Exhibits 4, 5 and 6) were admitted in evidence without objection and are fully described in the transcript of the evidence. The failure to have them included in the original record on appeal and the subsequent inability to supply this court with them in a supplemental record, are most regrettable, but not grounds for reversal in the context of this particular case.
3. The appellant contends that the trial judge erred in failing to charge, without request, on the subject of alibi, his sole defense, which he contends was raised by his sworn testimony, relying on cases exemplified by Hogan v. State, 221 Ga. 9(3), 142 S.E.2d 778.
"It is well settled that where the evidence in support of the defense of alibi does not show the impossibility of the defendant's presence at the scene of the crime at the time of its commission, the failure of the court to charge the law of alibi, especially in the absence of a request for such a charge, is not error. Ethridge v. State, 163 Ga. 186(14), 136 S.E. 72; Smith v. State, 6 Ga.App. 577(1), 65 S.E. 300.' Cole v. State, 63 Ga.App. 418, 420, 11 S.E.2d 239.' Touchstone v. State, 121 Ga.App. 602, 604(3), 174 S.E.2d 450.
The defendant's testimony that he was en route from Chattanooga to Rome at the time of the alleged offense, did not establish the impossibility of his presence at the scene of the crime, which was located on another road leading to his Chattanooga-Rome route....
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Morris v. State
...of the court to charge the law of alibi, especially in the absence of a request for such a charge, is not error." ' " Parrott v. State, 133 Ga.App. 931(3), 213 S.E.2d 77; Jones v. State, 150 Ga.App. 645, 258 S.E.2d 297 (1979). Moreover, the trial court did charge the jury on the subject of ......
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Plemons v. State
...court to charge the law of alibi, especially in the absence of a request for such a charge, is not error. (Cits.)' " Parrott v. State, 133 Ga.App. 931(3), 213 S.E.2d 77; Callahan v. State, 147 Ga.App. 301, 248 S.E.2d Finding no grounds for reversal, we affirm the judgment of the trial court......
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Smith v. State, 58018
...nor any other evidence in the record suggests the impossibility of his presence at the scene of the crime. See Parrott v. State, 133 Ga.App. 931, 213 S.E.2d 77 (1975). 3. It was not reversible error to fail to charge, without request, on the law of impeachment. Tanner v. State, 228 Ga. 829(......
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Cooper v. State, 54200
...of his presence at the scene of the offense. Hence, the omission of a charge on the law of alibi was not error. Parrott v. State, 133 Ga.App. 931, 213 S.E.2d 77. Accord : Touchstone v. State, 121 Ga.App. 602, 604, 174 S.E.2d 450; Bagby v. State, 134 Ga.App. 263, 214 S.E.2d 11; Wheeless v. S......