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Jones v. State

Court of Appeals of Georgia
Apr 10, 1985
331 S.E.2d 28 (Ga. Ct. App. 1985)

Opinion

69908.

DECIDED APRIL 10, 1985. REHEARING DENIED APRIL 25, 1985.

Aggravated assault, etc. Douglas Superior Court. Before Judge Noland.

W. O'Neal Dettmering, Jr., for appellant.

Frank C. Winn, District Attorney, for appellee.


Appellant was tried before a jury and convicted of armed robbery and aggravated assault. He appeals from the judgments of conviction entered on the guilty verdicts.

1. Appellant asserts that the trial court erred in denying his motion for mistrial when the State impermissibly placed his character in issue. The evidentiary basis for this enumeration is that, during cross-examination of a detective, the State asked the witness why he did not interview a Steven Ridgeway. The witness responded that it was because appellant and Ridgeway were friends and "they had done some things together." Later during the trial, the State introduced evidence of Ridgeway's prior conviction of burglary. Appellant asserts that the jury could have inferred that he had committed a burglary with Ridgeway.

There was absolutely no evidence presented at trial that appellant had committed a burglary with Ridgeway. "`The testimony of the [witness] did not tend to reflect upon the character of the accused or raise any issue in regard to his character. . . No inference derogatory of one's reputation or character can be drawn from the mere proof that [he was friends with and had done things with a convicted burglar].' [Cits.]" Cook v. State, 171 Ga. App. 431-432 ( 320 S.E.2d 195) (1984). See also Welborn v. State, 132 Ga. App. 207, 208 (3b) ( 207 S.E.2d 688) (1974); McGaskey v. State, 115 Ga. App. 627 (1) ( 155 S.E.2d 817) (1967).

2. Appellant enumerates as error the method employed by the State in impeaching the testimony of Ridgeway. The evidence shows that the original record of Ridgeway's conviction of burglary was tendered into evidence. We find no error. See OCGA § 24-5-4; Moret v. State, 246 Ga. 5 (3) ( 268 S.E.2d 635) (1980); Carroll v. Crawford, 218 Ga. 635, 638 (2) ( 129 S.E.2d 865) (1963).

Judgment affirmed. Birdsong, P. J., and Sognier, J., concur.


DECIDED APRIL 10, 1985 — REHEARING DENIED APRIL 25, 1985 — CERT. APPLIED FOR.


Summaries of

Jones v. State

Court of Appeals of Georgia
Apr 10, 1985
331 S.E.2d 28 (Ga. Ct. App. 1985)
Case details for

Jones v. State

Case Details

Full title:JONES v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 10, 1985

Citations

331 S.E.2d 28 (Ga. Ct. App. 1985)
331 S.E.2d 28

Citing Cases

Dixon v. State

Brentlinger v. State, 173 Ga. App. 555, 556 ( 327 S.E.2d 536) (1985). Accord Jones v. State, 174 Ga. App. 636…