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158 Ga. App. 602

281 S.E.2d 254

Goodrum v. State

Court of Appeals of Georgia

Decided April 28, 1981

Court of Appeals of Georgia · decided 1981-04-28

Relies on Weatherby v. State · Dotson v. State · 6 Ga. App. 782 - Blandon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-04-28

How this case has been cited

Cited by 18 later decisions — most recently November 2002

18 state decisions

150198119902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Motion for Rehearing.

¶2Defendant argues that Blandon v. State, 6 Ga. App. 782 (65 SE 842) mandates “reversal of a conviction ... when a Trial Court while giving its charge to the Jury revealed that certain portions of the charge had been requested by one party or the other.” And, that when the prosecutor requested a charge on flight in front of the jury in the instant case “this rule of law has been violated.” We cannot agree. Blandón based reversal upon Georgia R. &c. Co. v. Flowers, 108 Ga. 795 (1) (33 SE 874) wherein counsel handed requests to charge to the judge in the presence of the jury and the court gave them in charge. The Supreme Court held that the trial court should “inform [the jury] that such requests are correct propositions of law... [but] the omission to do this will not be held cause for a new trial, if it appears that all requests... [were] proper.” Id. We have held in this case that the charge on flight was warranted by the evidence.

¶3The Supreme Court has reaffirmed its holding of Dotson v. State, 136 Ga. 243 (3) (71 SE 164) that in giving requested instructions “the court should do so in such a manner as to impress the jury that such are emanations from the court... [but] a new trial will not be granted solely because the court... read them to the jury, with the preface, ‘The defendant has requested’ ” a charge which he gave. Weatherby v. State, 213 Ga. 188, 194 (97 SE2d 698); Dupree v. State, 213 Ga. 348 (2) (99 SE2d 81). We find no cause for reversal.

¶4Motion for rehearing denied.

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