Chenault v. State

109 Citing cases

  1. Gregg v. Georgia

    428 U.S. 153 (1976)   Cited 6,795 times   31 Legal Analyses
    In Gregg, focusing on the language "great risk of death to more than one person," the Supreme Court approved the construction given by the Georgia courts in Chenault v. State, 234 Ga. 216, 215 S.E.2d 223 (1975), the only case to which the aggravating factor had at that time been applied.

    The only case in which the court upheld a conviction in reliance on this aggravating circumstance involved a man who stood up in a church and fired a gun indiscriminately into the audience. See Chenault v. State, 234 Ga. 216, 215 S.E.2d 223 (1975). On the other hand, the court expressly reversed a finding of great risk when the victim was simply kidnaped in a parking lot.

  2. Legare v. State

    243 Ga. 744 (Ga. 1979)   Cited 23 times

    Additionally, the appellant has not demonstrated any harm or prejudice to himself. Chenault v. State, 234 Ga. 216, 220 ( 215 S.E.2d 223) (1975). Enumeration 19 is without merit.

  3. Orkin v. State

    236 Ga. 176 (Ga. 1976)   Cited 65 times

    The indictment described the crime with sufficient definiteness to inform the defendants and the jury of the charges against them. Chenault v. State, 234 Ga. 216 (6) ( 215 S.E.2d 223) (1975); Code ยง 27-701. We find Code ยง 26-3201 (Ga. L. 1969, pp. 857, 867) to have been validly enacted under a proper title, that in conjunction with another crime it defines a crime, and that the indictment in this case was sufficient to charge these defendants with that crime.

  4. Mason v. State

    236 Ga. 46 (Ga. 1976)   Cited 29 times
    In Mason we found no error in the trial court's refusal to give such instruction and the evidence supporting such a charge was stronger there than here.

    Appellant's contention is without merit. Tamplin v. State, 235 Ga. 20 ( 218 S.E.2d 779) (1975); Chenault v. State, 234 Ga. 216, 223 (7) ( 215 S.E.2d 223) (1975). 8.

  5. Rutledge v. State

    245 Ga. 768 (Ga. 1980)   Cited 48 times

    As previously discussed in Division 2 of this opinion, the witnesses were told by the prosecution that although they were not required to speak with the defense prior to trial there was nothing wrong with their doing so. Harm as well as error must be established by an appellant in order to secure a reversal of his conviction. Robinson v. State, 229 Ga. 14, 15 ( 189 S.E.2d 53) (1972); Chenault v. State, 234 Ga. 216, 220 ( 215 S.E.2d 223) (1976). The third enumeration of error is without merit.

  6. Gates v. State

    244 Ga. 587 (Ga. 1979)   Cited 132 times
    In Gates v. State, 244 Ga. 587, 261 S.E.2d 349, 358 (1979), cert. denied, 445 U.S. 938, 100 S.Ct. 1332, 63 L.Ed.2d 772 (1980), the Georgia court has declined as a matter of state law to do that, just as in Monroe v. State, 397 So.2d 1258, 1276 (La. 1981), the Louisiana Supreme Court has declined as a matter of state law both to review all the factors relied on and to vacate the sentence if any is unsupportable.

    We must determine whether the video tape recording could have so prejudiced the jury that they were influenced into sentencing the defendant to death. Prevatte v. State, 233 Ga. 929, 931 ( 214 S.E.2d 365) (1975); Chenault v. State, 234 Ga. 216, 224 ( 215 S.E.2d 223) (1975). The defendant was shown on the video tape recording handcuffed at the scene of the crime confessing to the murder and armed robbery.

  7. Young v. State

    237 Ga. 852 (Ga. 1976)   Cited 51 times

    The newspaper articles on which appellant relied to show prejudice were not inflammatory and appellant presented no evidence of fixed opinions on the part of the traverse jurors as to his guilt or innocence. See Street v. State, 237 Ga. 307 ( 227 S.E.2d 750) (1976); Coleman v. State, 237 Ga. 84 ( 226 S.E.2d 911) (1976); Dobbs v. State, 236 Ga. 427 ( 224 S.E.2d 3) (1976); Chenault v. State, 234 Ga. 216 ( 215 S.E.2d 223) (1975); and Krist v. Caldwell, 230 Ga. 536 ( 198 S.E.2d 161) (1973). The grant or denial of motion for a change of venue in criminal cases lies largely within the discretion of the trial judge.

  8. Graham v. State

    153 Ga. App. 658 (Ga. Ct. App. 1980)   Cited 8 times

    In my opinion the correct rule is and has always been that the defendant must show harmful error otherwise he is not entitled to a reversal. See in this connection Newell v. State, 237 Ga. 448, 490 (2) ( 228 S.E.2d 873); Chenault v. State, 234 Ga. 216, 220 (2) ( 215 S.E.2d 223); Hall v. State, 202 Ga. 619, 620 (2) ( 44 S.E.2d 234); Davis v. State, 242 Ga. 901, 903 (1) ( 252 S.E.2d 443). Indeed, the burden is always on the defendant (as appellant) to show injury and harm from any alleged error.

  9. Chenault v. Stynchcombe

    581 F.2d 444 (5th Cir. 1978)   Cited 35 times
    Holding that sentencing instructions must "clearly instruct the jury about mitigating circumstances and the option to recommend against death."

    The Supreme Court of Georgia affirmed both his conviction and sentence. Chenault v. State, 1975, 234 Ga. 216, 215 S.E.2d 223. Chenault then instituted this federal habeas corpus proceeding, in which he presented the same errors he had asserted on his direct appeal.

  10. Philpot v. State

    268 Ga. 168 (Ga. 1997)   Cited 15 times
    Holding "knowingly" is an "ordinary term found in common usage and understood by people of common and ordinary experience"

    The evidence was also sufficient to enable the jury to find beyond a reasonable doubt as to the murder of Bobby Grimes that Philpot knowingly created a great risk of death to more than one person in a public place which would normally be hazardous to the lives of more than one person. OCGA ยง 17-10-30 (b) (3); see Chenault v. State, 234 Ga. 216, 225-226 ( 215 S.E.2d 223) (1975). 2.