Hill v. The State., 187 Ga. App. 150, 369 S.E.2d 790 (1988)

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Judgment affirmed. McMurray, P. J., and Benham, J., concur.

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Judgment affirmed. McMurray, P. J., and Benham, J., concur.

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Hurl R. Taylor, Jr., for appellant.

James Hill brings this appeal from his conviction and sentence of criminal trespass, theft by taking, burglary, aggravated assault, aggravated sodomy and simple assault. Held:

1. Defendant's first enumeration cites as error the trial court's not requiring the State, upon written request, to turn over the criminal records of its witnesses, excluding law enforcement officers. This information, commonly known as "rap sheets," was not in the State's possession, but defendant asserts that the State had an affirmative obligation to research and provide such information. "There is no affirmative obligation on the prosecution to seek out information for the defense, although it might be more easily accessible to the prosecution, Hines v. State, 249 Ga. 257 [(1)] (290 SE2d 911) (1982), [aff'g 160 Ga. App. 546 (1) (287 SE2d 584) (1981), but rev'g on other grounds,] and there is no error." Pitts v. State, 253 Ga. 461 (1) (321 SE2d 708) (1984). See Williams v. State, 181 Ga. App. 55, 56 (351 SE2d 256) (1986). We find nothing in the dialogue between the court and the juror, Mrs. Wright, to warrant defendant's assertion that the remaining jurors' responses were "chilled" thereby.

3. Defendant also assigns error to the trial court's allowing the prosecutor to "read" to the jury during closing argument, which, he asserts, amounted to the forbidden act of "reading law" to the jury. Our review of the pertinent portions of the record discloses no objection in this regard and also discloses no evidence that the prosecutor engaged in "the ancient ritual of 'reading law' to the court." Conklin v. State, 254 Ga. 558, 569 (331 SE2d 532), cert. den., 474 U. S. 1038 (1985), reh. den., 475 U. S. 1040 (1986). Rather, the prosecutor's argument related to the charges of the indictment and the facts applicable thereto and the statutory burden upon the State to prove its case. The prosecutor also related in general terms the applicable statutory law, noting that the court would fully charge the jury as appropriate. "Although the practice of 'reading law' to the court has been abolished in criminal cases, counsel have every right to refer to applicable law during closing argument (i.e., law that the court is going to give in charge)." (Citations and punctuation omitted.) Boyce v. State, 184 Ga. App. 578, 580 (362 SE2d 229) (1987), aff'd 258 Ga. 171 (366 SE2d 684) (1988).

Robert E. Wilson, District Attorney, Nelly F. Withers, Assistant District Attorney, for appellee.

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