From Casetext: Smarter Legal Research

Fuller v. State

Court of Appeals of Georgia
Apr 9, 1986
344 S.E.2d 698 (Ga. Ct. App. 1986)

Opinion

72114.

DECIDED APRIL 9, 1986.

Shoplifting. Gordon Superior Court. Before Judge Pope.

Howard W. Jones, for appellants.

Darrell E. Wilson, District Attorney, Mickey R. Thacker, Assistant District Attorney, for appellee.


The three appellants were convicted of shoplifting. At trial each of them denied culpability and further denied ever having been charged with, tried for, or convicted of any crimes. On appeal, their sole contention is that the court committed reversible error by failing to give their requested charge on the effect of evidence of good character. Held:

"[A] proper instruction on character should be given whenever the accused places his character in issue. However, in the absence of a timely request, the failure to give the charge on character will not require a new trial, except in exceptional cases. Spear v. State, 230 Ga. 74 ( 195 S.E.2d 397) (1973)." Edwards v. State, 235 Ga. 603, 605 ( 221 S.E.2d 28) (1975). A criminal defendant may put his character in issue by evidence of his reputation or by his own testimony to the jury. See Murray v. State, 157 Ga. App. 596 (1) ( 278 S.E.2d 2) (1981). The appellants in this case did place their character in issue by their testimony, and their requested charge was both timely and in writing. It follows that the failure to give it constituted reversible error.

Judgment reversed. Birdsong, P. J., and Sognier, J., concur.

DECIDED APRIL 9, 1986.


Summaries of

Fuller v. State

Court of Appeals of Georgia
Apr 9, 1986
344 S.E.2d 698 (Ga. Ct. App. 1986)
Case details for

Fuller v. State

Case Details

Full title:FULLER et al v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 9, 1986

Citations

344 S.E.2d 698 (Ga. Ct. App. 1986)
178 Ga. App. 725

Citing Cases

Russell v. State

Our scrutiny of the trial transcript persuades us that the state drew a reasonable and proper conclusion from…

Butts v. State

Appellant did place his character in issue by calling witnesses who testified to his good reputation in the…