Turner v. State
| Decision Date | 15 February 1956 |
| Docket Number | No. 19181,19181 |
| Citation | 212 Ga. 199,91 S.E.2d 501 |
| Parties | James TURNER, alias Glover, v. The STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. The statement made by the deceased, within a few minutes after he had been assaulted, that the defendant 'hit me in the head and got my money and gone,' being a part of the res gestae, was properly admitted in evidence.
2. The evidence supports the verdict.
Willis A. DuVall, Edison, J. M. Cowart, Arlington, for plaintiff in error.
Maston O'Neal, Sol. Gen., Bainbridge, Eugene Cook, Atty. Gen., Rubye G. Jackson, Atlanta, for defendant in error.
James Turner, under an indictment charging him with the murder of Joe Richardson by striking, hitting, and beating him with a hammer and other blunt instrument, was found guilty without a recommendation to mercy. His motion for a new trial, on the general grounds and one special ground, being denied, he assigns error on that order.
1. The only special ground of the motion for a new trial complains that the court erred in admitting in evidence certain testimony of a witness for the State, over the objection that such testimony was not a part of the res gestae.
One Bessie Porter, a witness for the State, testified that she lived next door to Joe Richardson, and on the day on which it was alleged that he was assaulted she saw the defendant go into the deceased's home, and shortly thereafter she went to the home of the deceased and found him sitting in a chair sort of slumped over, and heard him say several times, 'Lord have mercy,' and the defendant was in the room with the deceased. The defendant then left the house, and the witness came out of the house and hollered. Mary Porter, a witness for the State, testified that she lived near the home of the deceased on the day of the alleged assault, and saw the defendant enter the deceased's home, and saw Bessie Porter go into the house and heard her holler when she came out of the house, and she, the witness, immediately went to the home of the deceased, and when she got into the house she spoke to the deceased and asked him if James (the defendant) had his money, and the deceased stated, 'Yes, he hit me in the head and got my money and gone.' The statement that the deceased made to this witness was objected to on the ground that it was not a part of the res gestae, which objection was overruled and the testimony admitted, and error is assigned on this ruling.
The admission of this...
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