Opinion
61889.
DECIDED MAY 20, 1981.
Voluntary manslaughter. Fulton Superior Court. Before Judge Eldridge.
Myra H. Dixon, for appellant.
Lewis R. Slaton, District Attorney, Joseph J. Drolet, Richard Hicks, Assistant District Attorneys, for appellee.
The defendant was tried for murder, found guilty of voluntary manslaughter, and sentenced to serve two years in prison followed by eight years on probation. Held:
1. The evidence was sufficient to enable a rational trier of fact to find the defendant guilty of voluntary manslaughter beyond a reasonable doubt. See generally Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979).
2. The jury was fully and properly charged on the defendant's right of self-defense. The evidence did not demand an additional charge on defense of habitation (Code Ann. § 26-903) in the absence of a specific request for such a charge. Accord Moore v. State, 239 Ga. 498 ( 238 S.E.2d 49) (1977); Bremer v. State, 148 Ga. App. 461 ( 251 S.E.2d 355) (1977).
3. The trial court did not err in sustaining an objection to the defendant's testimony that he had seen the victim carry weapons in the past. The testimony was not admissible as proof that the victim had a violent character, since the general character of the deceased for violence may not be proven by specific acts. Music v. State, 244 Ga. 832 (1) ( 262 S.E.2d 128) (1979); Black v. State, 230 Ga. 614 (3) ( 198 S.E.2d 314) (1973). The defendant's assertions to the contrary notwithstanding, this testimony did not tend to show that the victim was hostile towards the defendant, and therefore it was not admissible under Shaw v. State, 241 Ga. 308 (1) ( 245 S.E.2d 262) (1978).
4. The court was authorized by the evidence to conclude that the defendant made his statement to police freely and voluntarily, and after he had been given the Miranda warnings. See generally Gates v. State, 244 Ga. 587, 590-591 ( 261 S.E.2d 349) (1979).
Judgment affirmed. Deen, P. J., and Carley, J., concur.