Walls v. State

Decision Date27 May 1992
Docket NumberNo. A92A0533,A92A0533
Citation419 S.E.2d 344,204 Ga.App. 348
PartiesWALLS et al. v. The STATE.
CourtGeorgia Court of Appeals

Betty S. Frazer, Albany, for appellants.

John R. Parks, Dist. Atty., Barbara A. Becraft, Asst. Dist. Atty., for appellee.

BEASLEY, Judge.

Walls and Claude appeal from their judgments of conviction and sentence following denial of their joint motion for new trial. The motion was filed beyond the time statutorily provided. OCGA § 5-5-40(a). However, this was with permission of the court, apparently for the reason that new counsel was not appointed for post-conviction proceedings until after 30 days had elapsed. The motion was an extraordinary motion, allowed under OCGA § 5-5-41. A direct appeal is authorized, because it is not separate from the original appeal. If it had been, an application would first have been necessary. OCGA § 5-6-35(a)(7).

Appellants, inmates at the Lee Correctional Institute, were individually indicted for aggravated assault against two other inmates. Walls was charged with two counts of violating OCGA § 16-5-21(a)(2) in that he assaulted the two victims with a deadly weapon, a homemade knife. Claude was charged in a single count with aiding and abetting Walls in the commission of one aggravated assault. They were jointly tried and convicted of all charges.

Enumerated as error on hearsay grounds is the admission into evidence of six photographs of the crime scene bearing descriptive notations allegedly implicating appellant Walls as the perpetrator of the attacks, and admission of the knife which bore the engraving, "E. Walls," on the handle.

1. The photographic evidence was introduced through the testimony of a victim who testified that each photograph accurately depicted the scene as it existed after his attack. Neither appellant objected. At the conclusion of its case-in-chief, the State moved for the admission of the photographs. Although the trial court expressly invited objection from counsel, none was raised. Failure to object to the admissibility of the photographic evidence by either appellant at any time prior to verdict, constituted a waiver. Johnson v. State, 255 Ga. 703(3), 342 S.E.2d 312 (1986); Viener v. State, 150 Ga.App. 175, 177(2), 257 S.E.2d 22 (1979); Smith v. State, 123 Ga.App. 269, 180 S.E.2d 556 (1971).

2. Error is enumerated with respect to admission of the knife, for the reason that the etching of appellant Walls' name, performed by an officer after commission of the crimes, constituted impermissible hearsay.

The exhibit was initially identified by a victim as the knife with which he was stabbed. Neither appellant objected. It was also identified by a corrections officer as the knife confiscated on the night of the assaults. He explained that it was standard procedure to engrave the inmate's name on it "to make sure ... that we can positively identify this...

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8 cases
  • City of Dalton v. Smith
    • United States
    • Georgia Court of Appeals
    • October 28, 1993
    ... ... consider it because this is a court for review and correction of error committed in the trial court." (Citations and punctuation omitted.) Walls v. State, 204 Ga.App. 348, 349(2), 419 S.E.2d 344 (1992) ...         2. The city contends that the court erred in excluding from evidence a ... ...
  • Balkcom v. State
    • United States
    • Georgia Court of Appeals
    • July 15, 1997
    ... ... Walls v. State, 204 Ga.App. 348, 419 S.E.2d 344. Further reflection reveals, however, that this case is an anomaly because its effect is to allow a party to avoid the consequences of failing to file a timely direct appeal simply by filing an extraordinary motion for new trial. As this practice would ... ...
  • Nelson v. State
    • United States
    • Georgia Court of Appeals
    • September 13, 1993
    ... ... It is well established that appellate courts may not consider objections to evidence not raised at trial." (Citations and punctuation omitted.) Walls v. State, 204 Ga.App. 348, 349(2), 419 S.E.2d 344 (1992). Even if we could consider the argument raised on appeal, it is wholly without merit because Nelson never testified that he was in jail at the time of his trial. The trial court did not abuse its discretion in overruling Nelson's objection ... ...
  • Waugh v. State
    • United States
    • Georgia Court of Appeals
    • August 1, 1995
    ... ... Because this is a court for review and correction of error, we cannot consider objections to evidence different from those raised at trial. Walls v. State, 204 Ga.App. 348, 349(2), 419 S.E.2d 344 (1992) ...         As to those alleged errors properly preserved, "[t]here are numerous instances where the state may properly offer evidence that the defendant has committed prior crimes for a purpose other than to show the defendant is a ... ...
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