Bowman v. State
Bowman v. State
Opinion of the Court
The appellant, Archie Neal Bowman, was convicted and sentenced to life imprisonment for malice murder. He appeals, and we affirm.
We hold that there was sufficient evidence to meet the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
2. After he was taken into custody, the appellant signed a police-department form in which he consented to permit the police to take specimens of hair from his head. On appeal he contends that the trial court erred in admitting the form into evidence over his objection that the police did not contact his counsel before they sought his consent.
However, the objection to introducing the form was not meritorious.
It is clear . . . that Miranda protects only testimonial evidence [cit.], and not non-compulsive physical evidence [cit.]. Since [the appellant] could not have refused to provide the hair samples, the absence of his attorney could not have been prejudicial. [Cits.]
Tiller v. State, 238 Ga. 67, 68 (230 SE2d 874) (1976).
3. The trial court did not err by refusing the appellant’s requests to instruct the jury on self-defense, concealing the death of another person, and involuntary manslaughter.
Judgment affirmed.
The crime occurred on August 19, 1987. On December 17, 1987, Bowman was indicted for malice murder, felony murder, and aggravated assault. On January 29, 1988, a jury returned a verdict of guilty of malice murder and not guilty of the remaining counts. Bowman moved for a new trial on February 19, 1988. On April 25, 1988, the court reporter certified the transcripts of proceedings to that date, and on July 26, 1988, Brown amended his motion for new trial. The motion was heard on July 28, 1988, and the trial court denied the motion on August 12, 1988. On August 16, 1988, Bowman filed a notice of appeal, which he amended
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