Jerry Donaldson was convicted of the murder of Tyrone Vinson and sentenced to life in prison. He appeals from this conviction.
1. Appellant’s first enumeration of error is that the verdict was contrary to the evidence, against the weight of the evidence, and contrary to law and principles of equity and justice. Tyrone Vinson was shot on the evening of May 3, 1981, in Valdosta, Georgia. The state’s evidence established that on that evening four witnesses who were gathered on the front porch of a house in Valdosta saw the victim run into the area in front of the porch, pursued by appellant. The victim tripped and was shot by appellant as he struggled to get up. Vinson died from a single gunshot wound to his left chest. Three witnesses indicated that the victim might have been shot in the backyard before he ran into the porch area. There was some evidence that the victim and appellant were arguing in the back of the house before *187 running into the front. Prior to trial appellant gave a statement to police indicating that he shot the victim. Both in his pretrial statement and at trial appellant testified that the victim had a weapon; however, none of the other witnesses saw a weapon. The policeman who investigated the crime found no weapon on the victim’s body or in the area. Appellant’s half brother testified that the two men were arguing behind the house and that they had their hands in their pockets. He said he saw no weapon on the victim but that he supposed “ ... he had to have something, just standing up there and saying he wasn’t worried about nothing.” This witness also testified that he saw appellant walk away once from the victim and say “Let’s forget about it.” The witness also testified that the appellant came back to the victim and that each had his right hand in his pocket at this point. Another witness testified that the victim had been drinking on the day of his death and, in response to a question by defense counsel in regard to his reputation for violence in the community, the witness stated that he “would hurt you if he could.” Appellant testified that he and the victim became involved in an argument. He testified that he was intoxicated.
Appellant’s first enumeration of error is an attack on his conviction on the general grounds. The test of the sufficiency of the evidence set out in Jackson v. Virginia,
2. Appellant assigns as error the trial court’s failure to charge as to involuntary manslaughter. Code Ann. § 26-1103 (b) provides: “A person commits involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being, without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm.” Appellant insists that the “lawful act” which he committed was self-defense and that the “unlawful manner” was the use of unnecessary force. He relies upon
Warnack v. State,
3 Ga. App 590 (
In
Crawford v. State,
3. In his third enumeration of error, appellant claims that the trial court erred in refusing to charge on mutual combat and voluntary intoxication. The evidence did not show or tend to show mutual combat. Mutual combat is not a mere fight or scuffle. It generally involves deadly weapons and the mutual intention of using them.
Powell v. State,
Appellant’s complaint that the trial court failed to charge on voluntary intoxication is without merit in that a charge on voluntary intoxication was given by the trial court.
4. Appellant assigns as error the trial court’s admission of two photographs of the victim which the appellant had not previously seen. Appellant had made a motion asking for all scientific reports,
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tests, papers, etc., that the state planned to offer into evidence. This motion was made pursuant to Brady v. Maryland,
Appellant’s first ground for asserting the materiality of the photographs is that they tended to show the frame of the victim. The size and weight of the victim were not in dispute. Appellant claims that the photographs showing the entry wound or the bullet would have been beneficial to him since it would have enabled him to prove through expert testimony where the victim was shot. He has not shown how such testimony would have been exculpatory. Appellant has the burden of showing that evidence withheld from him would have impaired his defense to the extent that he was denied a fair trial.
Potts v. State,
5. In his final enumeration of error, appellant contends that the court erred in admitting into evidence his confession because he failed to understand the Miranda v. Arizona warnings given to him. He bases this contention upon the fact that although he was twenty-three years old he had only a tenth grade education, had been in a special education class, and could neither read nor write. There is no allegation that there was any necessity for him to either read or write because the testimony showed that the Miranda warnings were read to him. The detective further testified that after each warning he asked the appellant whether he understood and that the appellant in each case indicated that he did. In the testimony at trial appellant indicated that at the time of his statement he understood that he could remain silent.
We hold that a showing that a defendant is illiterate and that he was placed in special education classes while in school does not, without more, show that he was incapable of understanding his Miranda rights when they are read to him. After a Jackson v. Denno
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hearing, the court found that the statement had been voluntarily given. “There being ample evidence presented in the trial court to support its determination, it will not be disturbed on appeal.”
Cunningham v. State,
Judgment affirmed.