Wharton v. State

Court of Appeals of Georgia

Wharton v. State

245 S.E.2d 69, 145 Ga. App. 880, 1978 Ga. App. LEXIS 2174

CourtCourt of Appeals of Georgia

DecidedMay 9, 1978

Docket55694

StatusPublished

Cited by2 cases

This text of 245 S.E.2d 69 (Wharton 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

Wharton v. State, 245 S.E.2d 69, 145 Ga. App. 880, 1978 Ga. App. LEXIS 2174 (Ga. Ct. App. 1978).

Pincite

Opinion

Quillian, Presiding Judge.

The defendants appeal their convictions for attempted theft and aggravated assault. Held:

1. The Supreme Court in State v. Middlebrooks, 236 Ga. 52 (222 SE2d 343), has already adversely decided the [881]*881question raised with regard to the failure to hold a commitment hearing.

Submitted April 6, 1978 Decided May 9, 1978. Memory & Thomas, Bruce M. Walker, for appellants. Dewey Hayes, District Attorney, M. C. Pritchard, Assistant District Attorney, for appellee.

2. Testimony by a witness as to statements made to him by one of the defendants was not inadmissible as hearsay. Sheffield v. State, 107 Ga. App. 610 (3) (131 SE2d 76).

3. Under the circumstances here, and absent a proper request, it was not error to fail to charge on the "presumption of good general character.” See Knighton v. State, 72 Ga. App. 43 (32 SE2d 861); Widner v. State, 197 Ga. 542, 545 (2) (30 SE2d 97).

4. The evidence was sufficient to authorize the verdict.

Judgments affirmed.

Webb and McMurray, JJ., concur.

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Quillian, Presiding Judge.

The defendants appeal their convictions for attempted theft and aggravated assault. Held:

1. The Supreme Court in State v. Middlebrooks, 236 Ga. 52 (222 SE2d 343), has already adversely decided the [881]*881question raised with regard to the failure to hold a commitment hearing.

Submitted April 6, 1978 Decided May 9, 1978. Memory & Thomas, Bruce M. Walker, for appellants. Dewey Hayes, District Attorney, M. C. Pritchard, Assistant District Attorney, for appellee.

2. Testimony by a witness as to statements made to him by one of the defendants was not inadmissible as hearsay. Sheffield v. State, 107 Ga. App. 610 (3) (131 SE2d 76).

3. Under the circumstances here, and absent a proper request, it was not error to fail to charge on the "presumption of good general character.” See Knighton v. State, 72 Ga. App. 43 (32 SE2d 861); Widner v. State, 197 Ga. 542, 545 (2) (30 SE2d 97).

4. The evidence was sufficient to authorize the verdict.

Judgments affirmed.

Webb and McMurray, JJ., concur.

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Bluebook (online)

245 S.E.2d 69, 145 Ga. App. 880, 1978 Ga. App. LEXIS 2174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wharton-v-state-gactapp-1978.

Opinion

4. The evidence was sufficient to authorize the verdict.

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