Opinion
63163.
DECIDED MARCH 5, 1982. REHEARING DENIED MARCH 17, 1982.
Voluntary manslaughter. Fulton Superior Court. Before Judge Langford.
Stephanie Kearns, for appellant.
Lewis R. Slaton, District Attorney, Joseph J. Drolet, Thomas W. Hayes, Benjamin H. Oehlert III, Assistant District Attorneys, for appellee.
Appellant was tried for murder and convicted of voluntary manslaughter. He appeals.
1. Appellant enumerates as error the denial of his motion to sever his trial from that of his co-defendants who were subsequently acquitted. It is essentially appellant's contention that the failure to sever his trial was fatally prejudicial because his defense and the defenses of his co-defendants were absolutely antagonistic. We have carefully considered this enumeration and find that appellant has failed to carry the burden of showing that he was harmed or that the trial court abused its discretion in denying the motion to sever. See generally Everett v. State, 238 Ga. 80 ( 230 S.E.2d 882) (1976).
2. It was not error to admit into evidence a "mug shot" of appellant over the objection that it placed his character into evidence. See generally Cooper v. State, 182 Ga. 42 (2) ( 184 S.E. 176) (1935); Creamer v. State, 229 Ga. 704, 707 (2) ( 194 S.E.2d 73) (1972).
3. Appellant's enumeration of error asserting ineffective assistance of counsel has been considered and is found to be meritless. See generally Jones v. State, 243 Ga. 820, 830 (12) ( 256 S.E.2d 907) (1979).
4. "`Appellant's contention that the weight of evidence was contrary to the verdict cannot be considered on appeal. Appellate courts consider only the sufficiency of the evidence, the weight of the evidence is solely within the province of the jury.' [Cit.]" Peacock v. State, 154 Ga. App. 201, 202 (2) ( 267 S.E.2d 807) (1980). The evidence is sufficient to support the verdict. See generally Green v. State, 154 Ga. App. 245, 246 (1) ( 267 S.E.2d 855) (1980).
Judgment affirmed. Deen, P. J., and Banke, J., concur.