331 S.E.2d 619 | Ga. Ct. App. | 1985
James Floyd Echols was indicted and tried for murder but convicted of voluntary manslaughter. The evidence showed that Echols and the victim, George Biggs, had fought shortly before the killing, the victim attacking Echols, knocking him down and beating him. The two were separated and the victim went to a car a short distance away. While the victim was trying to open the door of the car, Echols got his rifle and shot him. Echols was sentenced to serve thirteen years with seven years additional on probation.
1. Echols first enumerates as error the trial court’s refusal to al
2. Echols next enumerates as error the trial court’s admission of the testimony of Harvey Lee Blackmon. Echols argues that Blackmon made inconsistent statements to the police, and that the State did not make both statements available to him until the second day of trial. These statements were provided to counsel for Echols on the morning of the second day of trial; the trial court ordered that counsel for Echols have an opportunity to interview Blackmon regarding the statements. This was done during a lunch break lasting approximately an hour and a half. When the trial resumed and before Black-mon took the stand, the trial court asked if counsel had had an opportunity to interview Blackmon, and counsel responded that he had. Thereafter, Blackmon testified and counsel for Echols conducted a lengthy and thorough cross-examination of Blackmon going particularly into the inconsistent statements. The statements were inconsistent in that Blackmon at first denied seeing anything and later gave a statement about what he saw and explaining his earlier statement that he saw nothing as a product of fear. Echols cites the case of Williams v. State, 250 Ga. 463 (298 SE2d 492) (1983), for authority that Blackmon should not have been allowed to testify. We cannot agree that the holding in Williams requires such a finding. In Williams, the court found that a specific oral request for any contradictory information in a police report had been made pursuant to Brady v. Mary
3. Finally, Echols argues the trial court erred in failing to give his written request to charge regarding defense of habitation. No objection to the court’s failure to give this charge was made by counsel for Echols, nor was it reserved. Later, the jury requested a recharge on the law regarding voluntary manslaughter. This was given, and at that time the request on defense of habitation was included. The court cautioned the jury that it was to take the charge as a whole. Echols argues that including this request on the recharge was too little and too late. We cannot agree. Had counsel pointed out to the trial court its initial omission of the charge regarding habitation immediately after the first charge, to correct its error the trial court would have done essentially what it did in the recharge. Therefore, we find no error.
Judgment affirmed.