From Casetext: Smarter Legal Research

Giles v. State

Court of Appeals of Georgia
Oct 4, 1977
238 S.E.2d 761 (Ga. Ct. App. 1977)

Opinion

54261, 54262.

SUBMITTED SEPTEMBER 14, 1977.

DECIDED OCTOBER 4, 1977.

Burglary. Fulton Superior Court. Before Judge Fryer.

John Thomas Chason, for Giles.

Robert C. Ray, for Howard.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, R. David Petersen, Assistant District Attorneys, for appellee.


The appellants were each found guilty of burglary and sentenced to 10 years' imprisonment. They appeal the denial of their motions for new trial.

1. The trial judge did not err in failing to give the appellants' requested charge on reasonable doubt. The charge given was a full and correct statement of the law on this principle. See McClendon v. State, 231 Ga. 47, 48 (4) ( 199 S.E.2d 904) (1973); Young v. State, 226 Ga. 553 (5) ( 176 S.E.2d 52) (1970); Hardwick v. Price, 114 Ga. App. 817 (3) ( 152 S.E.2d 905) (1966).

2. The trial judge did not err in refusing to grant a mistrial because of an interruption of the defense counsel's closing argument by the assistant district attorney. The objection was to an alleged misstatement of the evidence, which is a proper ground for objection during closing argument. Code § 24-3322 (Rule 22); Long v. State, 12 Ga. 293, 330 (20) (1852).

Judgments affirmed. Quillian, P. J., and Shulman, J., concur.

SUBMITTED SEPTEMBER 14, 1977 — DECIDED OCTOBER 4, 1977.


Summaries of

Giles v. State

Court of Appeals of Georgia
Oct 4, 1977
238 S.E.2d 761 (Ga. Ct. App. 1977)
Case details for

Giles v. State

Case Details

Full title:GILES v. THE STATE. HOWARD v. THE STATE

Court:Court of Appeals of Georgia

Date published: Oct 4, 1977

Citations

238 S.E.2d 761 (Ga. Ct. App. 1977)
238 S.E.2d 761