Thornton v. State

Supreme Court of Georgia

Thornton v. State

70 S.E.2d 733, 209 Ga. 51, 1952 Ga. LEXIS 405

CourtSupreme Court of Georgia

DecidedMay 12, 1952

Docket17820

StatusPublished

Cited by7 cases

This text of 70 S.E.2d 733 (Thornton 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

Thornton v. State, 70 S.E.2d 733, 209 Ga. 51, 1952 Ga. LEXIS 405 (Ga. 1952).

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Opinion

Atkinson, Presiding Justice.

(After stating the foregoing facts.) As to the statement made by the attorney, it was proper to state to the jury in a general way the character of evidence that he expected to present to establish guilt. See Thomas v. State, 144 Ga. 298 (3) (87 S. E. 8). His statement that the shooting at the husband was done with an “abandoned and malignant heart” was not improper, in that, such act being part of the res gestae, the animus and mental attitude of the accused was a proper subject for the jury to determine, and not an improper deduction for an attorney to insist upon.

Though the evidence related to a separate and distinct crime, it was admissible as part of the res gestae to illustrate the state of mind of the accused. Floyd v. State, 143 Ga. 286 (2) (84 S. E. 971); Hill v. State, 161 Ga. 188 (129 S. E. 647).

The second ground of the amended motion asserts error in not declaring a mistrial. On the cross-examination of a witness for the State, the attorney for the accused propounded the following question: “Polly, Bud lived in the house with you, didn’t he?” Answer: “When he was out of the chaingang.” A motion for mistrial was made. The court immediately ruled out the evidence and told the jury to disregard that response. The refusal to declare a mistrial was not error. Worthy v. State, 184 Ga. 402 (1) (191 S. E. 457); Tye v. State, 198 Ga. 262 (4) (31 S. E. 2d, 471); Brown v. State, 203 Ga. 218 (7) (46 S. E. 2d, 160).

The evidence was sufficient to authorize the verdict.

Judgment affirmed.

All the Justices concur.

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Atkinson, Presiding Justice.

(After stating the foregoing facts.) As to the statement made by the attorney, it was proper to state to the jury in a general way the character of evidence that he expected to present to establish guilt. See Thomas v. State, 144 Ga. 298 (3) (87 S. E. 8). His statement that the shooting at the husband was done with an “abandoned and malignant heart” was not improper, in that, such act being part of the res gestae, the animus and mental attitude of the accused was a proper subject for the jury to determine, and not an improper deduction for an attorney to insist upon.

Though the evidence related to a separate and distinct crime, it was admissible as part of the res gestae to illustrate the state of mind of the accused. Floyd v. State, 143 Ga. 286 (2) (84 S. E. 971); Hill v. State, 161 Ga. 188 (129 S. E. 647).

The second ground of the amended motion asserts error in not declaring a mistrial. On the cross-examination of a witness for the State, the attorney for the accused propounded the following question: “Polly, Bud lived in the house with you, didn’t he?” Answer: “When he was out of the chaingang.” A motion for mistrial was made. The court immediately ruled out the evidence and told the jury to disregard that response. The refusal to declare a mistrial was not error. Worthy v. State, 184 Ga. 402 (1) (191 S. E. 457); Tye v. State, 198 Ga. 262 (4) (31 S. E. 2d, 471); Brown v. State, 203 Ga. 218 (7) (46 S. E. 2d, 160).

The evidence was sufficient to authorize the verdict.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

70 S.E.2d 733, 209 Ga. 51, 1952 Ga. LEXIS 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornton-v-state-ga-1952.

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