Edwards v. State

Supreme Court of Georgia

Edwards v. State

406 S.E.2d 79, 261 Ga. 509, 1991 Ga. LEXIS 362

CourtSupreme Court of Georgia

DecidedJuly 10, 1991

DocketS91A0657

StatusPublished

Cited by11 cases

This text of 406 S.E.2d 79 (Edwards 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.

Bluebook

Edwards v. State, 406 S.E.2d 79, 261 Ga. 509, 1991 Ga. LEXIS 362 (Ga. 1991).

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Opinions

Weltner, Justice.

Robert Lee Edwards paid James Hannah, Jr., to shoot and kill Tyrone Duffey with a shotgun. Edwards was convicted by a jury of malice murder and was sentenced to life imprisonment.¹

1. Edwards’ contentions on appeal pertain to the state’s evidence of "similar transactions."²

2. (a) In Mincey v. State, 257 Ga. 500, 505 (7) (360 SE2d 578) (1987), we stated:

“[I]n certain circumstances, evidence of independent crimes is admissible. Two conditions must be satisfied. ‘First, there must be evidence that the defendant was in fact the perpetrator of the independent crime. Second, there must be sufficient similarity or connection between the independent [510]*510crime and the offense charged, that proof of the former tends to prove the latter.’ [Cits.]”

(b) The trial court instructed the jury, at the time the evidence was offered, to limit consideration of the prior assault to whatever it might illustrate as to Edwards’ state of mind. The instructions were adequate and correct. See Chastain v. State, 260 Ga. 789, 790 (3) (400 SE2d 329) (1991).

There was no error.

Judgment affirmed.

All the Justices concur, except Smith, P. J., and Benham, J., who dissent.

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