Taylor v. State, 52599
| Decision Date | 26 October 1976 |
| Docket Number | No. 1,No. 52599,52599,1 |
| Citation | 140 Ga.App. 447,231 S.E.2d 364 |
| Parties | Johnny TAYLOR v. The STATE |
| Court | Georgia Court of Appeals |
Thomas E. Spraley, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Donald G. Frost, Asst. Dist. Attys., Atlanta, for appellee.
Defendant was convicted at a joint trial with two co-defendants of two counts of theft by taking. Held:
1. The trial court made a preliminary explanatory statement of procedural aspects of jury selection to the assembled jury panel which included the following sentence: 'Let me introduce you to the people you will see and hear from and maybe ask about . . .' At which point the defendants were introduced as well as their counsel. No objection or motion for mistrial was made. Now it is urged that this remark placed a burden on defendant to testify by inferring that he would take the stand and testify in his own defense and raised an expectation in the minds of the jury that defendant was required to testify and defend his innocence. This innocuous statement which has been taken out of context from a lengthy statement to the jury panel is not subject to that construction. Cf. Blair v. State, 230 Ga. 409(6), 197 S.E.2d 362. Further even if it was error, there was a waiver in the absence of an objection or motion for mistrial. Shepherd v. State, 203 Ga. 635(2),47 S.E.2d 860.
2. Defendant complains that he was denied 20 peremptory challenges granted to him by Code § 59-805. The record shows that the trial court granted the three defendants twenty-one peremptory challenges, or seven apiece. Defendant was not entitled to 20 peremptory challenges. Code § 27-2101 as amended, which must be construed in pari materia with Code § 59-805, allows only a total of 20 peremptory challenges to two or more defendants when tried jointly. Allen v. State, 235 Ga. 709, 221 S.E.2d 405. This statute grants the trial court the discretion on request to allow additional strikes, not to exceed five for each defendant. Here there was no request for any additional challenges by the defendants and in fact they agreed to the trial court's allowance to them of the twenty-one collective challenges.
3. The testimony of the victims of the thefts and the testimony of police officers very clearly established that the crimes were committed in Fulton County as alleged in the indictments. The claim that venue was not proven is meritless.
4. The...
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Duncan v. State, No. A06A0507.
...by the defendant to sustain a conviction. See Green v. State, 177 Ga.App. 179, 180(2), 338 S.E.2d 761 (1985); Taylor v. State, 140 Ga.App. 447, 448(4), 231 S.E.2d 364 (1976); Lewis v. State, 82 Ga.App. 280, 286, 60 S.E.2d 663 (1950); Hagood v. State, 5 Ga.App. 80(1), 62 S.E. 641 (1908); 52B......
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Earnest v. State
...Again, Appellant did not make a timely objection to the trial court's comments and has waived the issue on appeal. Taylor v. State, 140 Ga.App. 447, 231 S.E.2d 364 (1976). Taken in its context, the trial judge's comment did not improperly draw attention to Appellant's failure to testify. Se......
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Gerald v. State
...of additional strikes for the State, the statute is to be construed in pari materia with OCGA § 15-12-165, see Taylor v. State, 140 Ga.App. 447(2), 231 S.E.2d 364 (1976), which provides that the State "shall be allowed one-half the number of peremptory challenges allowed to the 5. Appellant......
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Howard v. State
...must be made during trial, or they are waived. Almond v. State, 128 Ga.App. 758, 759(2), 197 S.E.2d 836 (1973); Taylor v. State, 140 Ga.App. 447(1), 231 S.E.2d 364 (1976); Shepherd v. State, 203 Ga. 635, 47 S.E.2d 860 8. The trial court did not abuse its discretion in refusing to grant the ......