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White v. State

16 Citing cases

  1. Dollar v. State

    310 S.E.2d 236 (Ga. Ct. App. 1983)   Cited 2 times

    The trial court did not err in declining to give a requested charge on involuntary manslaughter as the evidence did not warrant such a charge. See White v. State, 242 Ga. 21, 22 (7) ( 247 S.E.2d 759); Cherry v. State, 242 Ga. 644 ( 250 S.E.2d 490); Booker v. State, 242 Ga. 773, 777 (6) ( 251 S.E.2d 518). See also State v. Stonaker, 236 Ga. 1, 2 [Rule (3)] ( 222 S.E.2d 354).

  2. Jennings v. State

    282 Ga. 679 (Ga. 2007)   Cited 26 times
    Concluding that the defendant was not in custody when he "was in a medical, rather than an investigative, setting" and when he was questioned by police officers in the hospital while unable to leave for medical reasons but not isolated by the police

    [Cits.]" White v. State, 242 Ga. 21, 22 (5) ( 247 SE2d 759) (1978). Judgment affirmed.

  3. Smith v. State

    265 Ga. 495 (Ga. 1995)   Cited 11 times

    No written requests to charge on manslaughter as a lesser included offense were submitted and, even if such requests had been made, a review of the charge as given shows that there was no error. See generally Mullis v. State, 248 Ga. 338, 340 (7) ( 282 S.E.2d 334) (1981); White v. State, 242 Ga. 21, 22 (6) ( 247 S.E.2d 759) (1978). 4.

  4. Jones v. State

    269 S.E.2d 6 (Ga. 1980)   Cited 11 times
    In Jones v. State, 246 Ga. 109 (1) (269 S.E.2d 6) (1980), where charges of murder and aggravated assault were tried separately but appealed together, we held that the appeal from the aggravated assault conviction was not properly before this Court.

    "A trial court does not err in admitting evidence of a previous difficulty between a defendant and victim which illustrates the state of feeling between them." White v. State, 242 Ga. 21, 22 ( 247 S.E.2d 759) (1978). The conversation containing facts to ascertain motive is relevant and admissible under Code Ann. § 38-302.

  5. Fair v. State

    245 Ga. 868 (Ga. 1980)   Cited 75 times
    Noting that an aggravating circumstance is not required for offenses of aircraft hijacking or treason

    This enumeration is clearly without merit, especially in view of the fact that such evidence was presented to the trial judge sitting without a jury. Tucker v. State, 245 Ga. 68 ( 263 S.E.2d 109) (1979); Stevens v. State, 242 Ga. 34 ( 247 S.E.2d 838) (1978); White v. State, 242 Ga. 21 ( 247 S.E.2d 759) (1978); McCorquodale v. State, supra. See Ingram v. State, supra.

  6. Milton v. State

    245 Ga. 20 (Ga. 1980)   Cited 55 times
    In Milton v. State, 245 Ga. 20, 26 (262 S.E.2d 789) (1980), this court recognized that in some instances it would be unfair to the defendant not to allow him to show the jury that because of prior acts of violence between the defendant and the victim, he reasonably acted in self-defense.

    Specific previous difficulties between the deceased and the accused may be introduced against the defendant to illustrate his motive. Evans v. State, 227 Ga. 571, 577 ( 181 S.E.2d 845) (1971); White v. State, 242 Ga. 21, 22 (4) ( 247 S.E.2d 759) (1978); Boling v. State, 244 Ga. 825 (1979). Since specific acts of defendants may be introduced against defendants, this court should anticipate that other defendants reasonably will insist that they be permitted to prove specific acts of the deceased toward them.

  7. Franklin v. State

    245 Ga. 141 (Ga. 1980)   Cited 87 times
    Rejecting defendant's attack on court clerk's handling of juror exemptions and excuses when there was no evidence that the representative nature of the jury lists was affected

    The photographs are accurate and correct representations of material facts and the trial court did not err in allowing them into evidence. Bowden v. State, 239 Ga. 821 (2) ( 238 S.E.2d 905) (1977); White v. State, 242 Ga. 21 (3) ( 247 S.E.2d 759) (1978); see footnote 1 in Florence v. State, 243 Ga. 738 (4) ( 256 S.E.2d 467) (1979). 4.

  8. Boling v. State

    263 S.E.2d 437 (Ga. 1979)   Cited 27 times

    On a trial for murder, evidence of recent prior difficulties between the defendant and the deceased is admissible as shedding light on the state of feelings between the accused and the deceased and showing motive. White v. State, 242 Ga. 21 ( 247 S.E.2d 759) (1978); Evans v. State, 227 Ga. 571 ( 181 S.E.2d 845) (1971). Evidence which is otherwise admissible is not rendered inadmissible because it incidentally places the defendant's character in issue.

  9. Godfrey v. State

    243 Ga. 302 (Ga. 1979)   Cited 32 times
    Affirming death penalty for shotgun shooting resulting in mutilation

    We have repeatedly held that photographs of this sort are generally admissible. E.g., Stevens v. State, 242 Ga. 34, 38 ( 247 S.E.2d 838) (1978); Burger v. State, 242 Ga. 28, 31 ( 247 S.E.2d 834) (1978); White v. State, 242 Ga. 21, 22 ( 247 S.E.2d 759) (1978); Lamb v. State, 241 Ga. 10, 13 ( 243 S.E.2d 59) (1978); Moore v. State, 240 Ga. 807, 816 ( 243 S.E.2d 1) (1978); Davis v. State, 240 Ga. 763, 766-767 ( 243 S.E.2d 12) (1978). Appellant cites in support of his objection the following sentence from Holcomb v. State, 130 Ga. App. 154, 155 ( 202 S.E.2d 529) (1973): "Where, as here, the cause of death is not in dispute, and the defendant admits to having fired the fatal bullet, a trial judge would often be well advised to sustain an objection to their [photographs'] admissibility on the ground that they add nothing of probative value to the record."

  10. Wilson v. State

    318 S.E.2d 705 (Ga. Ct. App. 1984)   Cited 2 times

    Prior to defendant firing the fatal shot into the victim, he had expressed the intention of moving out and made preparations to do so; and defendant had tried to prevent his leaving by various acts. "`A trial court does not err in admitting evidence of a previous difficulty between a defendant and victim which illustrates the state of feeling between them.' White v. State, 242 Ga. 21, 22 ( 247 S.E.2d 759)." Jones v. State, 246 Ga. 109 (6), 112 ( 269 S.E.2d 6).