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Ogles v. State

Supreme Court of Georgia
Apr 27, 1977
238 Ga. 716 (Ga. 1977)
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Summary

In Ogles v. State, 238 Ga. 716 (235 S.E.2d 384) (1977), the State asked a police officer "when he discovered the true name of the defendant.

Summary of this case from Burton v. State
See 6 Summaries

Opinion

32034.

SUBMITTED FEBRUARY 18, 1977.

DECIDED APRIL 27, 1977.

Armed robbery. DeKalb Superior Court. Before Judge Peeler.

Edward Lang, for appellant.

Randall Peek, District Attorney, George Guest, Assistant District Attorney, Arthur K. Bolton, Attorney General, Isaac Byrd, Staff Assistant Attorney General, for appellee.

JORDAN, Justice.

Raymond Ogles was found guilty by a jury of the armed robbery of James Bagwell and sentenced to five years imprisonment.

The only issue in this appeal is whether the trial court erred in refusing to grant a mistrial on the ground that the defendant's character was illegally placed in evidence.

During the state's presentation of its case, a police officer was asked when he discovered the true name of the defendant. His response was: "After I checked his record." At this point, defendant moved for a mistrial, and after hearing argument from both sides the court denied the motion. We affirm. In Woodard v. State, 234 Ga. 901 (2) ( 218 S.E.2d 629) (1975), it was held that a detective's statement to the effect that he "decided to pull some pictures of Woodard from our file ...," did not put the defendant's character in evidence. The statement here, like the statement in Woodard, supra, falls just short of putting the defendant's character in issue.

Judgment affirmed. All the Justices concur.

JORDAN, Justice.

SUBMITTED FEBRUARY 18, 1977 — DECIDED APRIL 27, 1977.

Summaries of

Ogles v. State

Supreme Court of Georgia
Apr 27, 1977
238 Ga. 716 (Ga. 1977)

In Ogles v. State, 238 Ga. 716 (235 S.E.2d 384) (1977), the State asked a police officer "when he discovered the true name of the defendant.

Summary of this case from Burton v. State

In Ogles v. State, 238 Ga. 716 (235 S.E.2d 384) (1977), we held that testimony by a police officer that he "checked the defendant's record" fell just short of improperly placing the defendant's character in issue.

Summary of this case from Jones v. State

In Ogles v. State, 238 Ga. 716 (235 S.E.2d 384) (1977), the Supreme Court determined that a very similar response by a testifying police officer did not place the character of the defendant in issue and was not grounds for reversal.

Summary of this case from Mobley v. State

In Ogles v. State, 238 Ga. 716 (235 S.E.2d 384) (1977), the Supreme Court determined that a very similar response by a testifying police officer did not place the character of the defendant in issue.

Summary of this case from State v. Marshall

In Ogles v. State, 238 Ga. 716 (235 S.E.2d 384) (1977), a police officer was asked, during the state's presentation of its case, when he discovered the defendant's true name.

Summary of this case from Hall v. State

In Ogles v. State, 238 Ga. 716 (235 S.E.2d 384) (1977), the Supreme Court held that reference to a defendant's record did not place the defendant's character in issue.

Summary of this case from Weldon v. State
Case details for

Ogles v. State

Case Details

Full title:OGLES v. THE STATE

Court:Supreme Court of Georgia

Date published: Apr 27, 1977

Citations

238 Ga. 716 (Ga. 1977)
235 S.E.2d 384

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