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
CLARK v. THE STATE.
55345.
DEEN, Presiding Judge.
Kidnapping. Fulton Superior Court. Before Judge McKenzie.
1. The general grounds of the motion for new trial are without merit. There is ample evidence that the defendant forced the victim to come with him against her will, that he drove her to one house where he burned her with an iron, as shown by pictures taken shortly after her release, that he took her to another location and shaved her head with a razor, that he also cut and beat her and forced her to have sexual intercourse with him, and that after three days a woman in the apartment helped her to escape. The verdict of guilty of kidnapping with bodily harm was authorized. Powell v. State, 235 Ga. 208(1) (219 SE2d 109) (1975).
California, 422 U. S. 806 (1975)) where the right was timely urged prior to trial (United States v. Bennett, 539 F2d 45, 50 (1976)), the defendant cannot frivolously change his mind in midstream. Smith v. State, 142 Ga. App. 406 (2) (236 SE2d 107) (1977). Here the defendant made no mention of wanting to defend his own case until after the trial had begun and the prosecutrix had testified. The record shows the utter inability of the defendant to understand even the basic essentials of conducting his own defense, and affirmatively establishes that his appointed counsel supplied his best efforts in the cause. The court's refusal to dispense with him in the middle of the trial, either for the purpose of appointing other counsel or of having the defendant proceed without counsel, was without error.
3. We have examined the evidence complained of on appeal (to which no objection was urged during the trial of the case) for the purpose of determining whether it indicates ineffective assistance of counsel. We find no reversible error.
Lewis R. Slaton, District Attorney, Joseph J. Drolet, H. Allen Moye, Assistant District Attorneys, for appellee.
Baker E. Clark, pro se.
Thomas E. Spraley, for appellant.
ARGUED FEBRUARY 2, 1978 -- DECIDED FEBRUARY 16, 1978 -- REHEARING DENIED MARCH 2, 1978 -- CERT. APPLIED FOR.
Friday May 22 05:19 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