Colbert v. The State., 149 Ga. App. 266, 253 S.E.2d 882 (1979)
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Judgment affirmed. Deen, C. J., and Shulman, J., concur.
Summary
Judgment affirmed. Deen, C. J., and Shulman, J., concur.
Text
Eric Welch, Eloise W. Newhard, for appellant.
Defendant was indicted in two counts for forcible rape (Count 1) and armed robbery (Count 2). He was subsequently tried and convicted as to both counts. He was sentenced to serve 20 years on each count to run concurrently. Motion for new trial was filed and after a hearing denied. Defendant appeals. Held:
136, 138 (2) (
2. The trial court did not err in allowing testimony of alleged similar transactions over objections. In the prosecution of a particular crime evidence which in any manner shows or tends to show the defendant has committed similar crimes wholly distinct, independent and separate from that for which he is on trial, the same is relevant and admissible if there be some logical proof that one tends to establish the other. See Foster v. State,
The victim was threatened by the defendant at the time she was raped and robbed and she later received obscene phone calls and was again threatened. Even though she was unable to identify the voice as that of the defendant, this testimony was relevant, material, the same to be admitted for its weight and effect and credit to be determined by the jury. Layne v. State,
Another victim who lived in the same vicinity was allowed to testify as to an intruder who broke into her home and raped and robbed her. The only objection made was, "I think it is irrelevant and immaterial." This objection was insufficient to be considered by the court. However, the court did charge the jury that they should consider this testimony solely as to whether or not the defendant was involved in such similar transaction and was for the jury to determine and, if so, "solely with reference to the mental state or intention of the defendant insofar as it is applicable to the charge in the indictment." For the reason stated, this objection will not be considered further. We find no reversible error here.
3. The testimony of the expert as to the comparison of the defendant's fingerprints to the latent fingerprint found at the scene of another rape was sufficient to authorize his expert opinion that it was made by the defendant. See Mooney v. State,
4. One of defendant's defenses was that of alibi in which he offered testimony that he was somewhere else when the victim was raped and robbed. However, the distance between the victim's home and the residence of defendant is only one mile, and the testimony was insufficient to prove the impossibility of the defendant's presence at the scene of the offense at the time of its commission. The range of the evidence with respect to time and place must be such as to reasonably exclude the possibility of the defendant's presence. See Code 38-122. It was not error for the court to refuse to charge the defense of alibi without a written request. Abner v. State,
Lewis R. Slaton, District Attorney, Joseph J. Drolet, Victor Alexander, Jr., Assistant District Attorneys, for appellee.
1979
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This document cites
- Supreme Court of Georgia - LAWSON et al. v. THE STATE., 234 Ga. 136, 214 S.E.2.d 559 (1975)
- Supreme Court of Georgia - KENDRICKS v. THE STATE., 231 Ga. 670, 203 S.E.2.d 859 (1973)
- Supreme Court of Georgia - FOSTER v. THE STATE., 230 Ga. 666, 198 S.E.2.d 847 (1973)
- Supreme Court of Georgia - YOUNG v. THE STATE., 226 Ga. 553, 176 S.E.2.d 52
- Georgia Court Of Appeals - May v. The State., 146 Ga. App. 416, 246 S.E.2d 432 (1978)
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