From Casetext: Smarter Legal Research

McCollom v. State

Court of Appeals of Georgia
Feb 18, 1980
265 S.E.2d 862 (Ga. Ct. App. 1980)

Opinion

59130.

SUBMITTED JANUARY 10, 1980.

DECIDED FEBRUARY 18, 1980.

Aggravated assault. Troup Superior Court. Before Judge Knight.

H. J. Thomas, Jr., for appellant.

William F. Lee, Jr., District Attorney, Michael G. Kam, Assistant District Attorney, for appellee.


Appellant McCollom, convicted of aggravated assault, enumerates as the single error below the trial court's refusal to charge the jury that evidence of defendant's good character should be considered with all the other evidence in the case. We find no error.

The sole evidence relied on by the appellant occurred when the appellant was asked on direct examination whether he had ever been in trouble, and answered "no." On cross examination, appellant was asked whether he had ever had any trouble with Detective Fannin, and responded "no." These statements did not place appellant's good character in issue. Cash v. State, 231 Ga. 285 ( 201 S.E.2d 625); Wilson v. State, 190 Ga. 824, 829-830 ( 10 S.E.2d 861); Daniels v. State, 149 Ga. App. 463 ( 254 S.E.2d 488). No charge on good character was required, Cherry v. State, 148 Ga. App. 655, 656 ( 252 S.E.2d 180), and in any event no timely written request for such charge was made, Spear v. State, 230 Ga. 74, 75 ( 195 S.E.2d 397).

Judgment affirmed. Deen, C. J., and Sognier, J., concur.


SUBMITTED JANUARY 10, 1980 — DECIDED FEBRUARY 18, 1980.


Summaries of

McCollom v. State

Court of Appeals of Georgia
Feb 18, 1980
265 S.E.2d 862 (Ga. Ct. App. 1980)
Case details for

McCollom v. State

Case Details

Full title:McCOLLOM v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 18, 1980

Citations

265 S.E.2d 862 (Ga. Ct. App. 1980)
153 Ga. App. 519

Citing Cases

Braddy v. State

The State argues that it was not error to refuse these charges because Braddy's testimony did not amount to…