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148 Ga. App. 655

252 S.E.2d 180

Cherry v. State

Court of Appeals of Georgia

Decided January 9, 1979

Court of Appeals of Georgia · decided 1979-01-09

Cited by 4 later decisions — most recently September 1984

4 state decisions

Key passage — most relied on by later courts

“`A charge on good character is only required when direct examination relates to general reputation, good or bad. [Cits.]' Cherry v. State, 148 Ga. App. 655 ( 252 SE2d 180 ) (1979).”

quoted by 1 later decision, including 172 Ga. App. 386 - Braddy v. State

Relies on Wilson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-01-09

View the full empirical analysis of this case →

Bell, Chief Judge.

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

¶2 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.

¶3 2. The evidence authorized the conviction.

¶4 Judgment affirmed.

Webb and Banke, JJ., concur.
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