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Mills v. State

Court of Appeals of Georgia
Sep 29, 1976
230 S.E.2d 317 (Ga. Ct. App. 1976)

Opinion

52648.

ARGUED SEPTEMBER 14, 1976.

DECIDED SEPTEMBER 29, 1976. REHEARING DENIED OCTOBER 26, 1976.

Aggravated assault. Coffee Superior Court. Before Judge Holton.

E. Kontz Bennett, Jr., J. Greg Wolinski, for appellant.

Dewey Hayes, District Attorney, C. Deen Strickland, Assistant District Attorney, for appellee.


Appeal was taken from the defendant's conviction for aggravated assault. Held:

1. The evidence was sufficient to sustain the verdict.

2. Photographs of the defendant and of the area taken by the arresting officers when they arrived at the scene of the crime were admissible. Floyd v. State, 233 Ga. 280, 283 ( 210 S.E.2d 810); Cooper v. State, 229 Ga. 277 (3) ( 191 S.E.2d 27); Rose v. State, 184 Ga. 451, 452 ( 191 S.E. 426).

3. During the course of the deliberations the jury foreman stated the jury was divided as to the verdict. The trial judge in substance stated to the jury that the jury should endeavor if possible to reconcile honest differences without giving up honest convictions. It is contended that the instruction was not complete and that its effect was to coerce the jury into a premature finding.

Without expressly approving the instructions given, we find no error harmful to the defendant. See Patterson v. State, 138 Ga. App. 290, 295 (8) ( 226 S.E.2d 115); Herrin v. State, 138 Ga. App. 729, 735 (12); Ponder v. State, 229 Ga. 720 (2) ( 194 S.E.2d 78); Spaulding v. State, 232 Ga. 411, 413 (4) ( 207 S.E.2d 43), and cits.

4. The remaining enumerations of error are without merit.

Judgment affirmed. Deen, P. J., and Webb, J., concur.

ARGUED SEPTEMBER 14, 1976 — DECIDED SEPTEMBER 29, 1976 — REHEARING DENIED OCTOBER 26, 1976 — CERT. APPLIED FOR.


Summaries of

Mills v. State

Court of Appeals of Georgia
Sep 29, 1976
230 S.E.2d 317 (Ga. Ct. App. 1976)
Case details for

Mills v. State

Case Details

Full title:MILLS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 29, 1976

Citations

230 S.E.2d 317 (Ga. Ct. App. 1976)
230 S.E.2d 317

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