Garrett v. The State., 184 Ga. App. 593, 362 S.E.2d 150 (1987)
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Summary
Judgment reversed. Banke, P. J., and Carley, J., concur.
Summary
Judgment reversed. Banke, P. J., and Carley, J., concur.
Text
Appellant was convicted of aggravated assault and kidnapping. On appeal, he challenges the sufficiency of the evidence, certain portions of the jury charge, lack of opportunity to except to the charge, and the trial court's conduct regarding statements made by the prosecuting attorney.
1. The victim, a 21-year-old female, testified that as she was walking home from a mini-market on January 21, 1985, she was approached by a man in a tan pickup truck who asked her for directions. While she was near the truck he opened the door and, grabbing her with one hand, put a knife to her throat and told her to get in the truck. He told her he would kill her if she tried to scream or escape, and since she was afraid he would harm her, she got into the truck and rode with him to another location about 10 minutes away. He told her he had taken her to teach her not to talk to strangers, and he told her not to report the incident to the police. He then let her go, and she walked around to the back of the truck, got its tag number, and walked to her mother's house about five miles away. An investigation by the Conyers Police Department led to appellant's arrest. He fit the description the victim gave, and he owned a pickup truck and clothing also matching her descriptions. The victim identified him in a photographic lineup as her assailant, and identified items of clothing he had been wearing and other items which had been in the truck at the time of the incident. Appellant testified in his defense that the victim was hitchhiking when he picked her up, that he drove her to the mini-market so she could make a long distance call, and that he picked her up again and took her home. Appellant said she asked him to drop her off at a particular location so that her jealous boyfriend would not see her get out of the truck. The evidence was sufficient for a rational trier of fact to convict appellant of kidnapping and aggravated assault beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Daughtry v. State,
2. Appellant argues that the trial court erred in permitting improper conduct by the State which placed the defendant's character in issue. During appellant's direct examination, the prosecuting attorney stated, "I object to the defendant handling the knife or holding it at all." When the trial court responded that appellant was identifying the knife, the prosecuting attorney stated that he would like somebody else to hold it. The trial court tried to put a stop to the discussion, and appellant's counsel then stated, "I object to that. I am not afraid of anything." Appellant now contends that the prosecuting attorney's statements improperly interjected appellant's character into issue, and that under OCGA
3. In his fifth enumeration, appellant claims the trial court erred in failing to provide an opportunity for him to except to the jury charge. We find no error. This is a criminal case and the trial court is not obligated to ask counsel whether they have any charge objections before the jury returns its verdict. See OCGA
4. In appellant's fourth enumeration he takes the position that the trial court erred in failing to charge the jury on simple assault, because simple assault is a lesser included offense of aggravated assault with a deadly weapon. Appellant did not request the charge, and so the trial court did not err by not giving the charge. Even if appellant had requested it, it would not have been error for the trial court to refuse to give it "when the evidence does not reasonably raise the issue that the defendant may be only guilty of the lesser crime." Green v. State,
David B. Irwin, for appellant.
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