155 Ga. App. 220 | Ga. Ct. App. | 1980
Ball was convicted in the Superior Court of Clayton County of aggravated assault on a police officer. On appeal he contends the trial court erred by denying his motion for a directed verdict of acquittal and denying his motion for mistrial after the jurors improperly discussed the proceedings among themselves.
1. Evidence in the record would authorize the jury to find that during the afternoon of October 21, 1978 Ball, in a fit of anger, disconnected his telephone, went outside and threw the telephone; it struck and damaged the rear wheel of a bicycle owned by Darlene Sharp, a friend of Ball’s daughter. Sharp reported this incident to her
The evidence recited above is more than sufficient to sustain the findings of the jury. We find that a rational trier of fact could find from the evidence presented at trial proof of Ball’s guilt beyond a reasonable doubt. Fisher v. State, 151 Ga. App. 93 (258 SE2d 920) (1979).
2. At the conclusion of the state’s case appellant made a motion, outside the presence of the jury, for a directed verdict of acquittal which was denied. When the jury returned one of the jurors informed the court they had a question concerning handling of the evidence. The juror then asked if the weapons (used in evidence and present in the courtroom) were examined before being brought in the courtroom to see whether or not they were loaded. The juror also stated this was a concern of several jurors. Appellant moved for a mistrial, contending the discussion of this matter was improper conduct by the jury. The motion was denied and on appeal appellant contends denial of his motion was error, citing Maltbie v. State, 139 Ga. App. 342 (228 SE2d 368) (1976) in support of his contention. In Maltbie the jurors talked to persons not on the jury; watched TV news reports of the trial; read newspaper accounts of the trial; and several jurors discussed the case among themselves in the absence of other jurors. Although each juror denied that he was influenced by anything he had seen, read or heard we reversed, holding that the purpose of the rule (that jurors are not to discuss the case among themselves or with anyone else) is to keep the jury free from even the appearance of having their verdict influenced by anything other than
Judgment affirmed.