Hensler v. State

Court of Appeals of Georgia

Hensler v. State

188 S.E.2d 401, 125 Ga. App. 554, 1972 Ga. App. LEXIS 1404

CourtCourt of Appeals of Georgia

DecidedFebruary 23, 1972

Docket46745

StatusPublished

This text of 188 S.E.2d 401 (Hensler v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hensler v. State, 188 S.E.2d 401, 125 Ga. App. 554, 1972 Ga. App. LEXIS 1404 (Ga. Ct. App. 1972).

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Opinion

Pannell, Judge.

The defendant was tried on an indictment charging him with murder, was convicted of voluntary manslaughter and sentenced to four years in the penitentiary. His motion for a new trial was overruled and the case was appealed to this court. Held:

1. The evidence was sufficient to authorize the verdict found and there was no error in refusing to direct a verdict for the defendant, nor in overruling his motion for a new trial on the general grounds.

2. There was no error in refusing to allow a witness to be cross examined as to specific acts of violence committed [555]*555by the deceased. See Campbell v. State, 222 Ga. 570, 573 (151 SE2d 132). Further, the defendant rephrased the question after objection was made to the question as to a specific act and the rephrased question and answer was as follows: "Q. Do you know of any occasion when this boy (deceased) had fights with other people? A. I’ve never been with E. T. (the deceased) when he was in a fight.” It follows, therefore, that no error has been shown.

Submitted January 7, 1972 Decided February 23, 1972. Lambert & Carter, James E. Carter, for appellant. George D. Lawrence, Tony H. Hight, for appellee.

Judgment affirmed.

Hall, P. J., and Quillian, J., concur.

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Pannell, Judge.

The defendant was tried on an indictment charging him with murder, was convicted of voluntary manslaughter and sentenced to four years in the penitentiary. His motion for a new trial was overruled and the case was appealed to this court. Held:

1. The evidence was sufficient to authorize the verdict found and there was no error in refusing to direct a verdict for the defendant, nor in overruling his motion for a new trial on the general grounds.

2. There was no error in refusing to allow a witness to be cross examined as to specific acts of violence committed [555]*555by the deceased. See Campbell v. State, 222 Ga. 570, 573 (151 SE2d 132). Further, the defendant rephrased the question after objection was made to the question as to a specific act and the rephrased question and answer was as follows: "Q. Do you know of any occasion when this boy (deceased) had fights with other people? A. I’ve never been with E. T. (the deceased) when he was in a fight.” It follows, therefore, that no error has been shown.

Submitted January 7, 1972 Decided February 23, 1972. Lambert & Carter, James E. Carter, for appellant. George D. Lawrence, Tony H. Hight, for appellee.

Judgment affirmed.

Hall, P. J., and Quillian, J., concur.

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Bluebook (online)

188 S.E.2d 401, 125 Ga. App. 554, 1972 Ga. App. LEXIS 1404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hensler-v-state-gactapp-1972.

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