Stephens v. State, 54997
| Citation | 242 S.E.2d 371,144 Ga.App. 779 |
| Decision Date | 09 February 1978 |
| Docket Number | No. 1,No. 54997,54997,1 |
| Parties | Joseph L. STEPHENS v. The STATE |
| Court | United States Court of Appeals (Georgia) |
Thomas M. West, Derrickson, Bowen & West, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, R. David Petersen, R. Andrew
Weathers, Asst. Dist. Attys., Atlanta, for appellee.
Appellant was indicted for and convicted of two counts of robbery. This appeal follows.
1. Appellant contends that the trial court erred in denying his motion to sever.
The evidence showed that the two robberies took place eleven days apart and involved bailees of the same business establishment as the victim, occurred while these bailees were transporting money for the bailor, and evidenced a common scheme or plan. " '(S)everance in this particular kind of circumstances lies within the sound discretion of the trial judge since the facts in each case are likely to be unique.' (Cit.)
Padgett v. State, 142 Ga.App. 139, 140, 235 S.E.2d 545, 546, affirmed 239 Ga. 556, 238 S.E.2d 92.
2. In a series of enumerations, appellant asserts that the court erred in allowing testimony regarding appellant's prior convictions, in permitting the introduction of records of those prior convictions into evidence, in failing to caution the jury at the time of introduction that the records were admitted for impeachment purposes only, and in failing to charge to that effect. Unfortunately for appellant, the failure to object at trial precludes our consideration of the issues. King v. State, 109 Ga.App. 36, 134 S.E.2d 826 (); Farmer v. State, 107 Ga.App. 215, 129 S.E.2d 404 (); Allen v. State, 233 Ga. 200, 210 S.E.2d 680 ().
A. We note that admission of the evidence complained of was not error in any event. The transcript shows that defendant answered a question regarding the events preceding his arrest by stating, This response was volunteered. This is not a case where the district attorney directly elicited this testimony by asking a question to which defendant's answer was fully responsive. Under these circumstances, this court would not reverse the conviction. Jackson v. State, 231 Ga. 664(2), 203 S.E.2d 535. See generally Brown v. State, 237 Ga. 467(2), 228 S.E.2d 853 ().
B. "We find no error in the trial court's failure to give, without request, a specific instruction qualifying the admission . . . (of the...
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...v. State, 164 Ga.App. 589(2), 298 S.E.2d 296 (1982); Walls v. State, 148 Ga.App. 112(1), 251 S.E.2d 103 (1978); Stephens v. State, 144 Ga.App. 779(2), 242 S.E.2d 371 (1978); McKenzie v. State, 8 Ga.App. 124(2), 68 S.E. 622 (1910); Henderson v. State, 5 Ga.App. 495(3), 63 S.E. 535 There exis......
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Davis v. State, 61825
...substitute its discretion for that of the trial court where no abuse of that discretion is shown ... (Cits).' " Stephens v. State, 144 Ga.App. 779, 780, 242 S.E.2d 371 (1978). In the absence of a transcript of the hearing on the motion to sever, this court must presume that after hearing th......
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Massey v. State
...v. State, 285 Ga. 213, 217(4), 675 S.E.2d 1 (2009); State v. Byrd, 255 Ga. 665, 666-668, 341 S.E.2d 455 (1986);Stephens v. State, 144 Ga.App. 779, 780(2), 242 S.E.2d 371 (1978). See also State v. Hinson, 269 Ga. 862, 506 S.E.2d 870 (1998); State v. Belt, 269 Ga. 763, 764, 505 S.E.2d 1 (1998......
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Teas v. State
...of the situation as it here exists, the Court is absolutely barred from exercising any discretion whatsoever. In Stephens v. State, 144 Ga.App. 779, 242 S.E.2d 371 (1978), the defendant was charged with two robberies which took place 11 days apart and involved bailees of the same business e......