Roundtree v. State
Roundtree v. State
Opinion
Johnny Roundtree was convicted of armed robbery and appeals following the denial of his motion for a new trial, contending that the trial court erred in admitting into evidence state’s exhibit R1, which included a “mug shot” of appellant with the caption “Lowndes Co. Sheriff’s Dept., 821044 6-17-82.” Held:
Appellant claims that the introduction of the photograph which contained the caption indicating the date of his arrest for a prior crime impermissibly placed his character in evidence.
While the introduction of a mug shot which contains the objected-to information does not render a photographic lineup impermissibly suggestive, Clark v. State, 249 Ga. 18 (287 SE2d 523) (1982), we agree with Justice Weltner’s special concurrence that such a photograph is the equivalent of oral testimony establishing appellant’s arrest for a prior crime and would therefore impermissibly place his character in evidence. As such testimony is prohibited unless it falls within a recognized exception to the prior crimes rule, it was error for the trial court to permit this photograph to be admitted into evidence with the caption visible.
Judgment reversed.
Reference
- Full Case Name
- Roundtree v. the State
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- 12 cases
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- Published