Douthit v. State

Supreme Court of Georgia

Douthit v. State

260 S.E.2d 875, 244 Ga. 471, 1979 Ga. LEXIS 1294

CourtSupreme Court of Georgia

DecidedOctober 16, 1979

Docket35253

StatusPublished

Cited by5 cases

This text of 260 S.E.2d 875 (Douthit v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Douthit v. State, 260 S.E.2d 875, 244 Ga. 471, 1979 Ga. LEXIS 1294 (Ga. 1979).

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Opinion

Nichols, Chief Justice.

Ronald Douthit appeals the denial of his extraordinary motion for new trial. His conviction and death sentence for the murder of Leonard Karl Frazier were affirmed in Douthit v. State, 239 Ga. 81 (235 SE2d 493) (1977).

*472 Argued September 17, 1979 Decided October 16, 1979. Millard C. Farmer, for appellant. Tom Charron, District Attorney, Arthur K. Bolton, Attorney General, Mary Beth Westmoreland, Staff Assistant Attorney General, for appellee.

He asserts that his statements were presented to the jury without a determination and a proper charge as to whether or not they were voluntary.

These matters were known to his counsel at the time of trial and direct appeal. All alleged errors premised upon these matters could and should have been enumerated in his direct appeal and cannot now be raised by extraordinary motion for new trial. Goodwin v. State, 240 Ga. 605 (242 SE2d 119) (1978). The trial court has not committed error in denying his extraordinary motion for new trial.

Judgment affirmed.

All the Justices concur.

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