Sexton v. State, 77082

CourtUnited States Court of Appeals (Georgia)
Writing for the CourtPOPE; McMURRAY, P.J., and BENHAM
Citation189 Ga.App. 331,375 S.E.2d 661
PartiesSEXTON v. The STATE.
Docket NumberNo. 77082,77082
Decision Date18 November 1988

Page 661

375 S.E.2d 661
189 Ga.App. 331

No. 77082.
Court of Appeals of Georgia.
Nov. 18, 1988.

Page 662

[189 Ga.App. 333] Linda B. Borsky, Atlanta, for appellant.

Thomas J. Charron, Dist. Atty., Debra H. Bernes, Asst. Dist. Atty., for appellee.

[189 Ga.App. 331] POPE, Judge.

Appellant Sexton appeals his conviction for aggravated assault for which the court sentenced him to serve twenty years. The evidence at trial authorized the jury to find that appellant was stopped by store employees of N.T.'s, a convenience store, who suspected him [189 Ga.App. 332] of shoplifting. Upon learning that the police had been called and were on the way, appellant drew a small pocketknife and swung it several times at store employees as he backed out of the store. Appellant was arrested by the police outside the store.

1. The trial court did not err in refusing to excuse for cause a prospective juror who stated that appellant looked like a drunk driver who caused an accident at which she had rendered aid. She first said that this possibly would stay in the back of her mind. She stated to counsel that while she couldn't say with absolute certainty that the suspicion that appellant had been the drunk driver would not enter her mind, she would like it not to enter. Upon questioning from the court, she agreed that she would try to be a fair and impartial juror.

"Whether to strike a juror for favor lies within the sound discretion of the trial court [Cits.], and absent manifest abuse of that discretion, appellate courts will not reverse. [Cit.]." Harris v. State, 178 Ga.App. 735, 736, 344 S.E.2d 528 (1986). We find no abuse here. See also Romine v. State, 256 Ga. 521(8), 350 S.E.2d 446 (1986); Waters v. State, 248 Ga. 355(2), 283 S.E.2d 238 (1981). Bass v. State, 183 Ga.App. 349, 358 S.E.2d 837 (1987), cited by appellant as persuasive is clearly distinguishable. In Bass, the prospective juror had heard evidence at a preliminary hearing and had formed an opinion. That was not the situation here.

2. We also cannot agree that the trial court erred in refusing to strike the array of jurors who were present during the exchange between the prospective juror, counsel and the court regarding the drunk driver resemblance. This matter also lies within the discretion of the court and we find no abuse. Hughey v. State, 180 Ga.App. 375(2), 348 S.E.2d 901 (1986); Pruitt v. State, 176 Ga.App. 317(1), 335 S.E.2d 724 (1985).

Page 663

3. Finally,...

To continue reading

Request your trial
7 cases
  • Lemming v. State, A04A1842.
    • United States
    • Supreme Court of Georgia
    • March 11, 2005
    ...a deadly weapon was jury question); Wheeler v. State, 232 Ga.App. 749, 750, 503 S.E.2d 628 (1998) (telephone receiver); Sexton v. State, 189 Ga.App. 331, 332(3), 375 S.E.2d 661 (1988) (pocketknife); Spaulding v. State, 185 Ga.App. 812, 813(1), 366 S.E.2d 174 (1988) 18. Jackson, supra. 19. H......
  • In re Interest of J. H., A19A2166
    • United States
    • United States Court of Appeals (Georgia)
    • March 9, 2020 the factfinder, was authorized to find that the butcher knife in J. H.’s hand constituted a deadly weapon. In Sexton v. State , 189 Ga. App. 331, 332 (3), 375 S.E.2d 661 (1988), this court held that whether a pocketknife, which the defendant swung at store employees while backing out of ......
  • Marshall v. State, A90A1418
    • United States
    • United States Court of Appeals (Georgia)
    • November 28, 1990
    ...348 S.E.2d 901. We conclude that the trial court did not abuse its discretion in refusing to discharge the panel. See Sexton v. State, 189 Ga.App. 331(2), 375 S.E.2d 661 2. Appellant contends the court's charge on the lesser included offenses and its repetition of the form of the verdict ov......
  • Hash v. State, A00A2146.
    • United States
    • United States Court of Appeals (Georgia)
    • March 6, 2001
    ...92, 93, 274 S.E.2d 107 (1980). 9. Supra, 243 Ga.App. at 221, 531 S.E.2d 140. 10. 226 Ga.App. 116, 117-118(2), 486 S.E.2d 365 (1997). 11. 189 Ga.App. 331, 332(1), (2), 375 S.E.2d 661 12. See Tubman v. State, 185 Ga.App. 731, 732(1), 365 S.E.2d 879 (1988); Stone v. State, 170 Ga. App. 234, 23......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT