lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
FLANAGAN v. THE STATE.
A89A1531.
POPE, Judge.
Aggravated assault, etc. DeKalb Superior Court. Before Judge Coursey.
Defendant Edward F. Flanagan was indicted for the offenses of aggravated assault (counts one and two) and aggravated battery (count three). The jury returned a verdict finding defendant guilty of aggravated assault on count one, simple battery on count two and aggravated battery on count three. The trial court, after merging counts two and three with count one, sentenced defendant to serve twenty years. Defendant now appeals from the denial of his motion for new trial. We affirm.
1. Relying on Roundtree v. State, 181 Ga. App. 594 (353 SE2d 88) (1987), defendant first contends that the admission into evidence of a ten-year-old mug shot from a previous arrest and conviction impermissibly placed his character in evidence. We find no merit to this contention. In Roundtree, the photograph was introduced bearing the place and date of defendant's prior arrest. In contrast, the trial court in the case at bar ordered that the caption be severed from the mug shot prior to its admission into evidence. Consequently, this enumeration provides no basis for reversal.
2. Defendant also challenges the admission into evidence of a 1980 conviction for aggravated assault. " 'Evidence of other similar crimes by a defendant is admissible if there is sufficient similarity or connection between the independent crime and the offense charged, that proof of the former tends to prove the latter. Such evidence may be admitted to show state of mind or intent of a defendant. . . .' (Citations and punctuation omitted.) Sparks v. State, 172 Ga. App. 891, 892-893 (324 SE2d 824) (1984)." Tucker v. State, 191 Ga. App. 648 (382 SE2d 425) (1989).
"In the case before us, we have no hesitancy whatever in holding that the two transactions were sufficiently similar to render evidence of the earlier transaction admissible for the purpose of illustrating the [defendant's] motive, plan, scheme, bent of mind, and course of conduct. [Cits.]" McGuire v. State, 188 Ga. App. 891 (1) (374 SE2d 816) (1988). See also Tucker v. State, supra; Milner v. State, 180 Ga. App. 97 (2 b & c) (348 SE2d 509) (1986). This enumeration is without merit.
Robert E. Wilson, District Attorney, Patricia G. Higginbotham, Eleni A. Pryles, Assistant District Attorneys, for appellee.
James Archie, for appellant.
DECIDED NOVEMBER 6, 1989.
Thursday May 21 11:02 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com