Raymond v. State
| Decision Date | 27 June 1978 |
| Docket Number | No. 56003,56003 |
| Citation | Raymond v. State, 246 S.E.2d 461, 146 Ga.App. 452 (Ga. App. 1978) |
| Parties | RAYMOND v. The STATE. |
| Court | Georgia Court of Appeals |
Joseph C. Kitchings, Statesboro, for appellant.
J. Lane Johnston, Dist. Atty., John R. Turner, Asst. Dist. Atty., for appellee.
Convicted of burglary in February of 1976, Elgie Raymond in a habeas corpus proceeding was granted on March 9, 1978 an out-of-time appeal. He now complains that (1) the verdict and judgment were contrary to the evidence and to the principles of justice and equity, and (2) he was denied effective assistance of counsel, asserting that his state-appointed counsel refused to call certain witnesses present at the trial who wished to testify in his behalf. We find no merit in either of these enumerations of error, and affirm.
1. This court passes upon the sufficiency, and not the weight, of the evidence. The latter is for the jury. Paul v. State, 144 Ga.App. 106(1), 240 S.E.2d 600 (1977); Sherrell v. State, 141 Ga.App. 502(1),233 S.E.2d 869 (1977). There was sufficient evidence to authorize the verdict.
2. Raymond contends that his appointed trial counsel was so ineffective as to constitute "an insult to justice and a denial of his 6th and 14th amendment rights." No argument or citation of authority is offered in support of the contention, but he attaches to his brief to this court an affidavit that he had some witnesses present at the trial who "were prepared to give testimony that would indicate his innocence," and that his trial counsel refused to call them to the witness stand. Also, he offered to this court identical affidavits from three females each reciting that "she had and still has information that would tend to indicate the innocence of the accused Elgie Raymond." Neither the record nor counsel's brief indicates what that "information" is.
Raymond thus seeks to introduce evidence more than two years after his...
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Giddens v. State
...Young v. State, 144 Ga.App. 712(1), 242 S.E.2d 351. The burden of showing harmful error rests on the appellant. Raymond v. State, 146 Ga.App. 452, 453(2), 246 S.E.2d 461. 4. The sentence of 10 years provided that the defendant be permitted to serve the last 4 years on probation conditioned ......
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Price v. State
...during the trial of the case. We may not rely upon factual assertions contained only in the briefs of the parties. Raymond v. State, 146 Ga.App. 452, 453(2), 246 S.E.2d 461; Young v. State, 144 Ga.App. 712(1), 242 S.E.2d 5. The witness William Franklin Jones, was a jailer working for the sh......
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Odom v. State
...here. Accordingly, there is no merit in this complaint. See Wood v. State, 243 Ga. 273, 274(5), 253 S.E.2d 751; Raymond v. State, 146 Ga.App. 452, 453, 246 S.E.2d 461. 2. At the time of the killing of the deceased, who was the paramour of the defendant, defendant made certain admissions in ......
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Bankston v. State
...determine only the sufficiency of the evidence to support the verdict. The weight of the evidence is for the jury. Raymond v. State, 146 Ga.App. 452, 246 S.E.2d 461 (1978). After the verdict, the trial judge overruled appellant's motion for new trial which included the general grounds. ". .......