Whitfield v. State
Whitfield v. State
Opinion of the Court
Via indictment, defendant was accused of armed robbery. Following a jury trial, defendant was convicted of robbery. Defendant’s motion for a new trial was denied and he appeals. Held:
In his sole enumeration of error, defendánt contends the trial court should have granted a motion for mistrial when the prosecution introduced evidence that money taken in the robbery was used to purchase illegal drugs.
One of defendant’s accomplices was asked by the prosecution what he did with his share of the robbery proceeds. The accomplice replied that he used his share of the proceeds to purchase alcohol and cocaine. The accomplice was then asked if defendant and another accomplice also used the proceeds to purchase cocaine. He replied affirmatively. Thereupon, defense counsel interposed an objection and asked that the accomplice’s testimony be stricken because defendant’s character was placed in issue. At that point, the trial court cautioned the jury: “[T]he defendant is on trial in this case only for the charges that are alleged. I am going to allow the testimony . . . be
At the conclusion of the trial court’s cautionary remarks, defense counsel moved for a mistrial. The motion was overruled.
The accomplice’s testimony was relevant to show motive; it was not inadmissible simply because it incidentally placed defendant’s character in issue. See McGinnis v. State, 258 Ga. 673, 674 (2) (372 SE2d 804). In view of the trial court’s cautionary instruction, it cannot be said the trial court abused its discretion in refusing to grant defendant’s mistrial motion. See Stanley v. State, 250 Ga. 3, 4 (2) (245 SE2d 315).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.