Watson v. State, A92A1605
Decision Date | 30 October 1992 |
Docket Number | No. A92A1605,A92A1605 |
Citation | 424 S.E.2d 360,206 Ga.App. 95 |
Parties | WATSON v. The STATE. |
Court | Georgia Court of Appeals |
Andrew C. Dodgen, Columbus, for appellant.
Douglas C. Pullen, Dist. Atty., Bradford R. Pierce, Asst. Dist. Atty., for appellee.
Appellant was indicted for murder and, after a jury trial, was found guilty of voluntary manslaughter. Appellant's earlier appeal was dismissed for failure to file a timely notice of appeal. Watson v. State, 202 Ga.App. 667, 415 S.E.2d 306 (1992). Appellant's instant appeal is pursuant to the trial court's written order granting him an out-of-time appeal.
1. Ellis v. State, 174 Ga.App. 535 (1), 330 S.E.2d 764 (1985).
2. The trial court's admission into evidence of three pre-autopsy photographs of the victim's body is enumerated as error.
Contrary to appellant's objection below and his contention on appeal, (Emphasis supplied.) Baty v. State, 257 Ga. 371, 375 (7), 359 S.E.2d 655 (1987).
Appellant also urges on appeal that one of the photographs was inadmissible because it revealed a "thoracotomy" which had been performed by medical authorities in an attempt to save the victim's life. See generally Heard v. State, 257 Ga. 1, 2 (2), 354 S.E.2d 115 (1987). However, appellant "did not object to the admission of this photograph at trial, on this ... ground." Taylor v. State, 261 Ga. 287, 293 (6c), 404 S.E.2d 255 (1991).
3. The trial court's failure to give an unrequested instruction on appellant's good character is enumerated.
The David v. State, 143 Ga.App. 500, 501 (2), 238 S.E.2d 557 (1977). See also Bruce v. State, 191 Ga.App. 580, 582 (5), 382 S.E.2d 367 (1989); Spear v. State, 230 Ga. 74, 76 (1), 195 S.E.2d 397 (1973).
4. Appellant enumerates the trial court's giving of a charge on flight. " " Deters v. State, 261 Ga. 186, 187 (4b), 402 S.E.2d 733 (1991). Moreover, appellant's trial was held prior to the effective date of the holding of the Supreme Court that it was error to charge on flight. Renner v. State, 260 Ga. 515, 518 (3b), 397 S.E.2d 683 (1990). Thus, even in the absence of waiver, the trial court did not err by instructing the jury on the subject of flight. Sutton v. State, 262 Ga. 181, 182 (3), 415 S.E.2d 627 (1992).
5. Appellant proffered evidence of a prior attack upon him which had been committed by someone other than the victim. The trial court's exclusion of this evidence is enumerated as error.
Appellant urges that this prior attack Clenney v. State, 256 Ga. 123, 124-125 (3), ...
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