Spraggins v. State
| Decision Date | 21 February 1978 |
| Docket Number | No. 32605,32605 |
| Citation | 243 S.E.2d 20,240 Ga. 759 |
| Parties | Eddie SPRAGGINS v. The STATE. |
| Court | Georgia Supreme Court |
A. Vernon Belcher, Greenville, for appellant.
William F. Lee, Jr., Dist. Atty., Greenville, Arthur K. Bolton, Atty. Gen., John W. Dunsmore, Jr., Asst. Atty. Gen., Atlanta, for appellee.
This is a death case. The defendant Eddie Spraggins, along with Freddie Davis, 1 was indicted in Meriwether County for the January 31, 1977, rape and murder of Miss Frances Coe. After a special jury found the defendant sane at time of trial, he was tried and found guilty on March 1 and 2, 1977, on both counts. Upon the jury's finding of a statutory aggravating circumstance to the murder charge, that the murder was committed while the offender was engaged in the rape, the defendant was sentenced to death for murder and life imprisonment for rape.
Evidence was presented from which the trial jury was authorized to find the following: On the afternoon of January 31, 1977, the semi-nude body of Frances Coe, age about 55, was found in her home in Manchester, Georgia. She had been repeatedly stabbed, slashed and cut, including having her throat cut. There were several wounds to the body which caused the victim to bleed heavily, with the most severe stab wounds being in the upper abdomen and lower chest, including two in the upper abdomen which penetrated the heart. She had been partially disembowelled. Death was attributed to a loss of blood.
The victim was found lying partially on her bed. Her sweater was open, her slip had been pulled up and her pantyhose and panties had been pulled down. There was testimony that there had been manipulation of the victim's sexual organs. There were bruises on her thigh and in the vicinity of the vaginal opening. There was hemorrhaging around the urethra and a small tear in the vaginal orifice. Doctor Byron Dawson who performed the autopsy testified that although no sperm cells were found, in his opinion the injuries he described were consistent with those associated with sexual relations.
The defendant and the victim were neighbors. The night of the murder the defendant was seen burning something in his back yard. A zipper and cloth material and a flashlight of the type owned by the victim were recovered from the ashes.
When told that there was a warrant out for his arrest, the defendant stated that there was nothing to it, that he had hit somebody but that he did not get any money out of her.
In a pre-trial statement to a GBI agent (following appropriate advice concerning his rights) the 34-year-old defendant was quoted as follows:
The defendant presented two witnesses in addition to his own testimony. One witness testified that the defendant had worked for her husband but that he could only perform small uncomplicated menial tasks helping her husband do odd jobs around the house. She said that he could not count change for a dollar, and that she did not think he could read or write. The defendant's sister testified that he could never learn in school and always had mental problems and they sought help for him in a number of different places.
The defendant testified that he did not remember going to Frances Coe's house; that he drank heavily; that he did not rape her, nor had he ever raped anyone; that he could not read; and that he had never told law enforcement officers that he had participated in her killing.
On cross examination the defendant admitted he had burned several coats and "I might have did burn the flashlight too." He admitted that when he was arrested he was in the trunk of Buddy Mullis' automobile, and stated that he was not exactly hiding and that he found it comfortable in the trunk because it was a good place where he could lie down and rest when he wanted to be by himself.
On appeal the defendant enumerates two errors.
1. In the defendant's first enumeration he asserts that the trial court erred in denying his motion for new trial based on the general grounds. The evidence as to murder is more than adequate. In view of the death of the victim there is, however, no direct evidence as to the rape. Specifically, the evidence as to the second element of carnal knowledge, Code § 26-2001, is circumstantial at most. Considering all the facts and circumstances, however, we find that there was sufficient evidence regarding rape to support the jury's verdict. Harris v. State, 236 Ga. 242(1), 223 S.E.2d 643 (1976). It was not error to overrule the motion for new trial based on the general grounds.
2. In Enumeration 2 defendant asserts that the trial court erred in denying his motion for mistrial when a GBI agent voluntarily testified as to the defendant's character.
While the officer was testifying for the state the district attorney asked him: The officer deviated, saying: ...
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...State, 231 Ga. 755 (1), 204 S.E.2d 128 (1974). See also, Durham v. State, 243 Ga. 408 (1), 254 S.E.2d 359 (1979); Spraggins v. State, 240 Ga. 759 (1), 243 S.E.2d 20 (1978); Neal v. State, 152 Ga.App. 395 (1), 263 S.E.2d 185 (1979). "[W]here the jury is authorized to find that the evidence, ......
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...is essential to preserve the right to a fair trial. Ladson v. State, 248 Ga. 470(12), 285 S.E.2d 508 (1981); Spraggins v. State, 240 Ga. 759(2), 243 S.E.2d 20 (1978). In the instant case, an examination of the transcript reveals that, before Dr. Zaki's redirect examination, defense counsel ......
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...rape may be proven although the victim is unable to testify because she subsequently was murdered by her assailant. Spraggins v. State, 240 Ga. 759, 761, 243 S.E.2d 20 (1978). There was evidence from which the jury could find each element of the offense of rape. Code Ann. § 26-2001. The sev......