Webb v. State

Court of Appeals of Georgia

Webb v. State

316 S.E.2d 561, 170 Ga. App. 115, 1984 Ga. App. LEXIS 2858

CourtCourt of Appeals of Georgia

DecidedMarch 5, 1984

Docket67498

StatusPublished

Cited by4 cases

This text of 316 S.E.2d 561 (Webb 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

Webb v. State, 316 S.E.2d 561, 170 Ga. App. 115, 1984 Ga. App. LEXIS 2858 (Ga. Ct. App. 1984).

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Opinion

Pope, Judge.

Gene Webb was convicted of selling marijuana and sentenced to serve six years. He now appeals alleging the general grounds and error in the charge.

1. Webb’s first enumeration of error has previously been decided adversely to him. See Woods v. State, 233 Ga. 347 (1) (211 SE2d 300) (1974); Mobley v. State, 162 Ga. App. 23 (3) (288 SE2d 702) (1982).

2. Counsel for Webb reserved objections to the charge until the motion for new trial, in the event one was necessary (as it proved to be); at the motion for new trial, the record shows no objection to the charge was made or argued. Nevertheless, in considering the requests in light of the charge given, we find no error. The requests dealt with the burden of proof, reasonable doubt, and identity. The charge given by the court covered all these principles, although not in the precise language requested. “The failure to give requested instructions in the exact language requested, where the charge given substantially covers the same principles, is not grounds for reversal.” Kelly v. State, 241 Ga. 190, 191-2 (243 SE2d 857) (1978).

3. Regarding the general grounds, the evidence shows that Webb was positively identified by an undercover policeman as the individual from whom he had made a purchase of marijuana on July 29, 1982. Although Webb produced an alibi witness, the witness was impeached; the jury obviously chose not to believe the witness. We are bound to take the evidence most strongly in favor of the jury’s verdict. Mills v. State, 137 Ga. App. 305 (1) (223 SE2d 498) (1976). We find that any rational trier of fact could have found Webb guilty as charged beyond a reasonable doubt. See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

Quillian, P. J., and Sognier, J., concur.

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Pope, Judge.

Gene Webb was convicted of selling marijuana and sentenced to serve six years. He now appeals alleging the general grounds and error in the charge.

1. Webb’s first enumeration of error has previously been decided adversely to him. See Woods v. State, 233 Ga. 347 (1) (211 SE2d 300) (1974); Mobley v. State, 162 Ga. App. 23 (3) (288 SE2d 702) (1982).

2. Counsel for Webb reserved objections to the charge until the motion for new trial, in the event one was necessary (as it proved to be); at the motion for new trial, the record shows no objection to the charge was made or argued. Nevertheless, in considering the requests in light of the charge given, we find no error. The requests dealt with the burden of proof, reasonable doubt, and identity. The charge given by the court covered all these principles, although not in the precise language requested. “The failure to give requested instructions in the exact language requested, where the charge given substantially covers the same principles, is not grounds for reversal.” Kelly v. State, 241 Ga. 190, 191-2 (243 SE2d 857) (1978).

3. Regarding the general grounds, the evidence shows that Webb was positively identified by an undercover policeman as the individual from whom he had made a purchase of marijuana on July 29, 1982. Although Webb produced an alibi witness, the witness was impeached; the jury obviously chose not to believe the witness. We are bound to take the evidence most strongly in favor of the jury’s verdict. Mills v. State, 137 Ga. App. 305 (1) (223 SE2d 498) (1976). We find that any rational trier of fact could have found Webb guilty as charged beyond a reasonable doubt. See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

Quillian, P. J., and Sognier, J., concur.

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316 S.E.2d 561, 170 Ga. App. 115, 1984 Ga. App. LEXIS 2858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webb-v-state-gactapp-1984.

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