Cherry v. State

Georgia Court of Appeals
Cherry v. State, 252 S.E.2d 180 (1979)
148 Ga. App. 655; 1979 Ga. App. LEXIS 1591
Bell, Webb, Banke

Cherry v. State

Opinion

Bell, Chief Judge.

The defendant appeals his conviction of two counts of aggravated battery. Held:

1. Defense counsel asked defendant on direct examination,"... have you ever been convicted of a felony involving moral turpitude?” Defendant responded, "No, Sir.” No other evidence which would bear on defendant’s *656 character was adduced. A charge on good character is only required when direct examination relates to general reputation, good or bad. Wilson v. State, 190 Ga. 824 (10 SE2d 861). This solitary statement was insufficient to require a charge on good character, and the trial court did not err in refusing to honor defendant’s written request.

Argued January 3, 1979 Decided January 9, 1979. Joe Salem, Donna Salem, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Wallace Speed, Victor Alexander, Jr., Assistant District Attorneys, for appellee.

2. The evidence authorized the conviction.

Judgment affirmed.

Webb and Banke, JJ., concur.

Reference

Full Case Name
Cherry v. the State
Cited By
6 cases
Status
Published