Upshaw v. State

Court of Appeals of Georgia

Upshaw v. State

248 S.E.2d 17, 147 Ga. App. 57, 1978 Ga. App. LEXIS 2611

CourtCourt of Appeals of Georgia

DecidedJuly 13, 1978

Docket56057

StatusPublished

This text of 248 S.E.2d 17 (Upshaw 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

Upshaw v. State, 248 S.E.2d 17, 147 Ga. App. 57, 1978 Ga. App. LEXIS 2611 (Ga. Ct. App. 1978).

Pincite

Opinion

Smith, Judge.

Upshaw appeals from his conviction of aggravated assault and from the overruling of his motion for new trial. We affirm.

1. Appellant did not make timely objection to the trial court’s alleged intimation of opinion, and his first enumeration of error is therefore meritless. Pulliam v. State, 196 Ga. 782 (6, 7) (28 SE2d 139) (1943).

2. The trial court charged verbatim appellant’s [58]*58requested charge on the defense of justification, the request being a quote of Code § 26-902 (a). Also, following the charge and in response to the court’s inquiry as to objections to the charge, appellant’s counsel stated he agreed therewith. Hence appellant will not be heard to complain that the court committed error in omitting the unrequested instruction on the definition of "forcible felony,” a term used in Code § 26-902 (a), as appellant induced the alleged error. White v. State, 146 Ga. App. 810 (4) (1978). See also Cantrell v. State, 141 Ga. 98 (5) (80 SE 649) (1913) and Pickens v. State, 132 Ga. 46 (63 SE 783) (1908).

Submitted June 6, 1978 Decided July 13, 1978 Rehearing denied July 31, 1978. C. P. Brackett, Jr., for appellant. Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.

3. The evidence authorized the verdict.

Judgment affirmed.

Deen, P. J., and Banke, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Smith, Judge.

Upshaw appeals from his conviction of aggravated assault and from the overruling of his motion for new trial. We affirm.

1. Appellant did not make timely objection to the trial court’s alleged intimation of opinion, and his first enumeration of error is therefore meritless. Pulliam v. State, 196 Ga. 782 (6, 7) (28 SE2d 139) (1943).

2. The trial court charged verbatim appellant’s [58]*58requested charge on the defense of justification, the request being a quote of Code § 26-902 (a). Also, following the charge and in response to the court’s inquiry as to objections to the charge, appellant’s counsel stated he agreed therewith. Hence appellant will not be heard to complain that the court committed error in omitting the unrequested instruction on the definition of "forcible felony,” a term used in Code § 26-902 (a), as appellant induced the alleged error. White v. State, 146 Ga. App. 810 (4) (1978). See also Cantrell v. State, 141 Ga. 98 (5) (80 SE 649) (1913) and Pickens v. State, 132 Ga. 46 (63 SE 783) (1908).

Submitted June 6, 1978 Decided July 13, 1978 Rehearing denied July 31, 1978. C. P. Brackett, Jr., for appellant. Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.

3. The evidence authorized the verdict.

Judgment affirmed.

Deen, P. J., and Banke, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

248 S.E.2d 17, 147 Ga. App. 57, 1978 Ga. App. LEXIS 2611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/upshaw-v-state-gactapp-1978.

Opinion

3. The evidence authorized the verdict.

Related

Cite This Page — Counsel Stack