Strickland v. State, 51818
| Decision Date | 16 February 1976 |
| Docket Number | No. 3,No. 51818,51818,3 |
| Citation | 224 S.E.2d 809,137 Ga.App. 628 |
| Parties | J. F. STRICKLAND v. The STATE |
| Court | Georgia Court of Appeals |
J. Douglas Willix, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Donald J. Stein, Asst. Dist. Attys., Atlanta, for appellee.
1. It is a settled rule of evidence in this state that evidence of flight may be submitted to the jury, and that they may infer guilt therefrom. McKuhen v. State, 216 Ga. 172, 115 S.E.2d 330; Herndon v. State, 132 Ga.App. 747, 209 S.E.2d 26. The same rule has been followed as to an escape from jail while awaiting trial. Patterson v. State, 24 Ga.App. 239, 100 S.E. 641. In the same manner it is permissible to show that the defendant forfeited an appearance bond in the case in which he is on trial. Woody v. State, 37 Ga.App. 338, 140 S.E. 396; Elliott v. State, 33 Ga.App. 825, 127 S.E. 877; Jones v. State, 26 Ga.App. 635, 107 S.E. 166; Davis v. State, 11 Ga.App. 804, 76 S.E. 391. It was accordingly not error to deny a motion for mistrial when the state's attorney asked the defendant on cross examination whether he had forfeited his recognizance.
2. The defendant was found under a school stairway at night and charged with burglary. On the trial he contended that the door was open and he had entered to go to a bathroom. Police officers testified that he had told them he entered with intent to obtain food from the cafeteria. Since this is the only evidence in the case that the defendant entered with intent to commit a felony or theft (the gravamen of the offense) it is important to decide whether the testimony was admissible only in rebuttal, or whether it was probative value. Since the taking of food would have been a theft, it might well, with proof of entry, be sufficient to convict. Cf. Stephens v. State, 127 Ga.App. 416(1), 193 S.E.2d 870. It has also been held that it is competent to prove the defendant ascribed a certain motive for his conduct and that such motive was false, where from these facts the jury may form an inference that his true motive was as charged in the indictment. Tompkins v. State, 17 Ga. 356(2). The testimony was admissible and had probative value on the issue of guilt or innocence.
Judgment affirmed.
To continue reading
Request your trial
-
Johnson v. State, 56929
...his appearance bond is admissible as tending to show flight. Jones v. State, 26 Ga.App. 635(3),107 S.E. 166; Strickland v. State, 137 Ga.App. 628(1), 224 S.E.2d 809. Thus, we have found evidence of flight admissible whether it occurs at the time of the incident, shortly thereafter, when he ......
-
Scott v. State, s. A94A2395
...his appearance bond is admissible as tending to show flight. Jones v. State, 26 Ga.App. 635(3) (107 SE 166); Strickland v. State, 137 Ga.App. 628(1) (224 SE2d 809)." Johnson v. State, 148 Ga.App. 702(1), 703, 252 S.E.2d 3. In her third enumeration, defendant contends the trial court erred i......
-
D. O. D. v. State, 60863
...100 S.E. 641; Woody v. State, 37 Ga.App. 338(2), 140 S.E. 396; Elliott v. State, 33 Ga.App. 825(2), 127 S.E. 877; Strickland v. State, 137 Ga.App. 628(1), 224 S.E.2d 809. While none of the above cases involved a juvenile who fled from detention to avoid confrontation with reference to the m......
-
Jones v. State
...S.E.2d 1; Allen v. State, 137 Ga.App. 302, 304(6), 223 S.E.2d 495; Lewis v. State, 200 Ga. 388, 389, 37 S.E.2d 405; Strickland v. State, 137 Ga.App. 628(1), 224 S.E.2d 809. 5. Error is enumerated that the trial court erred in charging the jury that an assault is aggravated when made "with a......