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Lawskills.com Georgia Caselaw
BROWN v. THE STATE.
76577.
POPE, Judge.
Armed robbery. Fulton Superior Court. Before Judge Langham.
The exhibition of scars to the jury is permissible where the existence of scars is relevant to the issues at trial. See Daniels v. State, 248 Ga. 591 (285 SE2d 516) (1981). However, the trial court is under no duty to reopen the evidence after jury deliberations have been commenced to admit evidence of scars or any other evidence the defendant neglected to present during the evidentiary phase of the trial. It is within the discretion of the trial judge to decide "whether or not, upon a request by the jury, after commencement of deliberations, the evidence should be reopened and new evidence admitted." State v. Roberts, 247 Ga. 456, 458 (277 SE2d 644) (1981).
The existence of defendant's facial scars was established by the testimony of the investigating officer. The absence of any mention of scars in the description given witnesses was also established by the evidence. Defendant had ample opportunity to exhibit the defendant to the jury during the evidentiary phase of the trial if he so wished. The judge's refusal to reopen the evidence in no way denied defendant of his right to due process.
Lewis R. Slaton, District Attorney, Joseph J. Drolet, Richard E. Hicks, Assistant District Attorneys, for appellee.
Mark V. Clark, for appellant.
DECIDED SEPTEMBER 7, 1988.
Sunday October 12 08:46 CDT


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