Kirk v. State

7 Citing cases

  1. Godfrey v. Kemp

    836 F.2d 1557 (11th Cir. 1988)   Cited 17 times   1 Legal Analyses
    In Godfrey, the Eleventh Circuit addressed a very different question, namely, whether an error in a jury instruction on intent (where the court instructed the jury to presume defendant had the intent) was harmless, where defendant presented evidence at trial that he could not recall the events surrounding the murder of his wife and mother-in-law, even after being administered sodium amytal.

    Bowen, 832 F.2d at 550. See Dick v. Kemp, 833 F.2d 1448 (11th Cir. 1987); Kirk v. State, 168 Ga. App. 226, 308 S.E.2d 592, 598 (1983) ("The evidence of possible insanity put on by appellant required a charge on that defense. However, the giving of that charge did not preclude the possibility that the jury would reject that defense.

  2. Kirk v. State

    311 S.E.2d 821 (Ga. 1984)   Cited 7 times

    DECIDED FEBRUARY 3, 1984. Certiorari to the Court of Appeals of Georgia — 168 Ga. App. 226. Parker Walls, James I. Parker, Michael C. Walls, for appellant.

  3. Gee v. State

    435 S.E.2d 275 (Ga. Ct. App. 1993)   Cited 16 times

    Hearsay is admissible in a criminal case for the limited purpose of proving the existence of a witness' prior inconsistent statement. Kirk v. State, 168 Ga. App. 226, 230 (7) ( 308 S.E.2d 592); Burke v. State, 163 Ga. App. 67, 68 (1) ( 293 S.E.2d 872); Bradley v. State, 163 Ga. App. 670, 672 (3) ( 224 S.E.2d 778). Appellant's enumeration "`is without merit as the statement [objected to as hearsay] was offered in rebuttal to impeach a witness. (Cit.)' [Cit.

  4. North Alabama Enterprises, Inc. v. Cap'n Sam's Cruises, Inc.

    353 S.E.2d 578 (Ga. Ct. App. 1987)   Cited 1 times

    2. As appellant did not raise any objections to the charge in the court below, it cannot be heard to complain of an alleged error on appeal. Kirk v. State, 168 Ga. App. 226 ( 308 S.E.2d 592) (1983). Indeed, counsel commented that he "thought it was a very fair charge."

  5. Chambley v. State

    340 S.E.2d 635 (Ga. Ct. App. 1986)   Cited 7 times

    Brown v. State, 228 Ga. 215, 217 ( 184 S.E.2d 655)." Kirk v. State, 168 Ga. App. 226, 230 (9) ( 308 S.E.2d 592) (affirmed on other grounds, 252 Ga. 133 ( 311 S.E.2d 821)). Since the delusion allegedly suffered by the defendant (that the victim was his wife) does not justify defendant's actions constituting the crimes of aggravated assault (with intent to rape) and kidnapping, a charge on delusional compulsion was not required. Judgment affirmed. Banke, C. J., and Benham, J., concur.

  6. Rose v. State

    338 S.E.2d 510 (Ga. Ct. App. 1985)   Cited 1 times

    Cooper v. State, 163 Ga. App. 482, 485 (4) ( 295 S.E.2d 161) (1982). Accord Dollar v. State, 168 Ga. App. 726 (2) ( 310 S.E.2d 236) (1983); Kirk v. State, 168 Ga. App. 226, 231 (11) ( 308 S.E.2d 592) (1983), aff'd 252 Ga. 133 ( 311 S.E.2d 821) (1984). Compare Butler v. State, 252 Ga. 135 ( 311 S.E.2d 473) (1984).

  7. Bonner v. State

    351 Ga. App. 439 (Ga. Ct. App. 2019)   Cited 1 times

    Contrary to Bonner's assertions, he placed his intent at issue during trial by pleading not guilty by reason of insanity. See Kirk v. State , 168 Ga. App. 226, 231, 308 S.E.2d 592 1983 (Trial court did not err in instructing the jury on the State's burden to prove criminal intent where defendant pled not guilty by reason of insanity.). Therefore, the Rule 404 (b) evidence about the 2008 incident involving Bonner was relevant and the State was permitted to use it to show Bonner's intent at the time of the shooting.