From Casetext: Smarter Legal Research

Turner v. State

Court of Appeals of Georgia
Mar 13, 1986
342 S.E.2d 759 (Ga. Ct. App. 1986)

Opinion

71451.

DECIDED MARCH 13, 1986.

Aggravated assault, etc. Fulton Superior Court. Before Judge Etheridge.

Patrick G. Longhi, for appellant.

Lewis R. Slaton, District Attorney, Andrew Weathers, Joseph J. Drolet, Richard E. Hicks, Assistant District Attorneys, for appellee.


The defendant appeals his conviction in a domestic case of aggravated assault (OCGA § 16-5-21) and possession of a firearm by a convicted felon (OCGA § 16-11-131).

1. The defendant's argument that the evidence was insufficient to sustain the trial court's (bench trial) finding of guilty is primarily predicated upon an attack on the credibility of the state's principal witness.

The issue as to credibility was properly resolved by the trier of fact ( Lyons v. State, 247 Ga. 465, 467 ( 277 S.E.2d 244) (1981)) contrary to defendant's position. The evidence was sufficient since a rational trier of fact could reasonably have found proof of defendant's guilt beyond a reasonable doubt. Miller v. State, 249 Ga. 96, 98 ( 287 S.E.2d 543) (1982).

2. The defendant's contention that the state could not introduce evidence of his past criminal conduct because he may have offered some proof tending to show his "bad character" has been decided adversely to him in Phillips v. State, 254 Ga. 370 ( 329 S.E.2d 475) (1985). Accord Brown v. State, 175 Ga. App. 246, 247 (3) ( 333 S.E.2d 124) (1985).

3. The defendant's last enumeration, that it was error to permit the arresting officer to testify as to threats made by defendant during his arrest is without merit. All circumstances connected with the arrest are admissible. Scott v. State, 172 Ga. App. 725, 726 (1) ( 324 S.E.2d 565) (1984); Simmons v. State, 172 Ga. App. 695, 697 (4) ( 324 S.E.2d 546) (1984).

Judgment affirmed. Deen, P. J., and Pope, J., concur.

DECIDED MARCH 13, 1986.


Summaries of

Turner v. State

Court of Appeals of Georgia
Mar 13, 1986
342 S.E.2d 759 (Ga. Ct. App. 1986)
Case details for

Turner v. State

Case Details

Full title:TURNER v. THE STATE

Court:Court of Appeals of Georgia

Date published: Mar 13, 1986

Citations

342 S.E.2d 759 (Ga. Ct. App. 1986)
342 S.E.2d 759

Citing Cases

Hearst v. State

Further, statements made by an accused at the time of arrest are admissible as part of the res gestae. Bixby…

Anthony v. State

Spurlin v. State, 228 Ga. 2, 5 (4) ( 183 S.E.2d 765) (1971); Graham v. State, 171 Ga. App. 242, 254 (14) (…