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Smith v. State

Court of Appeals of Georgia
Sep 3, 1991
410 S.E.2d 202 (Ga. Ct. App. 1991)

Opinion

A91A1043.

DECIDED SEPTEMBER 3, 1991.

Burglary, etc. Lowndes Superior Court. Before Judge Horkan.

H. B. Edwards III, for appellant.

H. Lamar Cole, District Attorney, Robert T. Gilchrist, Assistant District Attorney, for appellee.


The appellant brings this appeal from his convictions of burglary, armed robbery, and possession of a knife during the commission of a crime. Held:

1. The trial court did not err in refusing to excuse a prospective juror for cause on the ground that he was a certified police officer, where the juror stated that he was retired, that he was no longer connected with any law enforcement agency in any official capacity whatsoever, and that he was no longer exercising any "rights" under his certification. Accord Depree v. State, 246 Ga. 240 (2) ( 271 S.E.2d 155) (1980); Jordan v. State, 247 Ga. 328, 339-340, fn. 16 ( 276 S.E.2d 224) (1981). The appellant's reliance on such cases as Harris v. State, 255 Ga. 464 ( 339 S.E.2d 712) (1986); Hutcheson v. State, 246 Ga. 13 ( 268 S.E.2d 643) (1980); and Parks v. State, 178 Ga. App. 317 ( 343 S.E.2d 134) (1986), is misplaced in that the prospective jurors in those cases were not retired but were currently employed as law enforcement officers.

2. The appellant contends that he was entitled to a charge on alibi based on his testimony that he was at home with his girl friend and a cousin on the day the offenses occurred. The appellant did not introduce any evidence tending to corroborate his testimony in this regard, nor did he request an instruction on alibi. More importantly, when asked by the trial court whether he had any objections or exceptions to the charge as given, his counsel responded in the negative. Consequently, this enumeration of error presents nothing for review. See Jackson v. State, 246 Ga. 459, 460 ( 271 S.E.2d 855) (1980).

3. The evidence, construed in the light most favorable to the verdict, was sufficient to enable a rational trier of fact to find the appellant guilty of each of the offenses of which he was convicted beyond a reasonably doubt. See generally Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979).

Judgment affirmed. Carley and Beasley, JJ., concur.

DECIDED SEPTEMBER 3, 1991.


Summaries of

Smith v. State

Court of Appeals of Georgia
Sep 3, 1991
410 S.E.2d 202 (Ga. Ct. App. 1991)
Case details for

Smith v. State

Case Details

Full title:SMITH v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 3, 1991

Citations

410 S.E.2d 202 (Ga. Ct. App. 1991)
410 S.E.2d 202

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