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Roundtree v. State

353 S.E.2d 88, 181 Ga. App. 594, 1987 Ga. App. LEXIS 1498
CourtCourt of Appeals of Georgia
DecidedJanuary 23, 1987
Docket73658
StatusPublished
Cited by12 cases

This text of 353 S.E.2d 88 (Roundtree 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
Roundtree v. State, 353 S.E.2d 88, 181 Ga. App. 594, 1987 Ga. App. LEXIS 1498 (Ga. Ct. App. 1987).

Opinion

Deen, Presiding Judge.

Johnny Roundtree was convicted of armed robbery and appeals following the denial of his motion for a new trial, contending that the trial court erred in admitting into evidence state’s exhibit R1, which included a “mug shot” of appellant with the caption “Lowndes Co. Sheriff’s Dept., 821044 6-17-82.” Held:

Appellant claims that the introduction of the photograph which contained the caption indicating the date of his arrest for a prior crime impermissibly placed his character in evidence.

While the introduction of a mug shot which contains the objected-to information does not render a photographic lineup impermissibly suggestive, Clark v. State, 249 Ga. 18 (287 SE2d 523) (1982), we agree with Justice Weltner’s special concurrence that such a photograph is the equivalent of oral testimony establishing appellant’s arrest for a prior crime and would therefore impermissibly place his character in evidence. As such testimony is prohibited unless it falls within a recognized exception to the prior crimes rule, it was error for the trial court to permit this photograph to be admitted into evidence with the caption visible.

Judgment reversed.

Birdsong, C. J., and Pope, J., concur. *595 Decided January 23, 1987. M. E. Thompson, Jr., for appellant. H. Lamar Cole, District Attorney, Elise B. Ossen, Assistant District Attorney, for appellee.

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Bluebook (online)
353 S.E.2d 88, 181 Ga. App. 594, 1987 Ga. App. LEXIS 1498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roundtree-v-state-gactapp-1987.