Terry Anthony Gilchrist was convicted of murder, aggravated assault and two counts of possession of a knife during the commission of a crime. He appeals from the denial of his amended motion for new trial. 1 Finding no error, we affirm.
“Whether a defendant justifiably used deadly force is a jury question.”
Timley v. State,
2. Because the two charges of possession of a knife during the commission of a crimе underlay attacks on two separate victims, we find no error in the trial court’s refusal to merge the convictions entered on those two charges. OCGA §§ 16-1-6 (1), 16-1-7; see also
Denny v. State,
3. At Gilchrist’s request, the trial court charged the jury extensively on principles involving justification, including language that a рerson is justified in threatening or using force against another person when he “reasonably bеlieves that such threat or force is necessary to defend himself against the other’s imminent use of
unlawful
force.” (Emphasis supplied.) See OCGA § 16-3-21. The trial court also sua sponte charged thе jury that a person is justified in using force when he reasonably believes such force is necessary to prevent or terminate another’s unlawful entry into or attack upon a residence. Gilchrist contends this latter charge was error, arguing that because the defense of habitation set forth in OCGA § 16-3-23 is an affirmative defense, a charge on this principle can only be given when that defense is asserted by the defendant. However, it is not error for a trial court to сharge the jury on the law applicable to the legal defense raised by a defendant; indeed, it is the duty of the court to ascertain the applicable law and instruct the jury of what the law consists.
Dunn v. State,
4. Even assuming proper objection was made to closing argument by the prosecutor, we are satisfied after a careful examination of the transcript that the challenged language regarding the tеstimony of informant Michael Morris was supported by the record and
did not constitute an imprоper bolstering of that witness’s credibility.
White v. State,
5. Gilchrist contends error in thе admission of a pre-autopsy photograph of the victim’s wound which also reflected the results of medical attention given the victim. Assuming the photograph could have been cropped to eliminate the objectionable incision, its admission was harmless error in light of the overwhelming nature of the evidence supporting the jury’s verdict.
Heard v. State,
6. We find no abuse of the trial court’s discretion in allowing a rebuttal witness, who had not been subpoenaed, to testify
Judgment affirmed.
Notes
The сrimes occurred on May 14, 1996. Gilchrist was indicted in Chatham County on August 7, 1996 on charges of murder, felony murder based on the aggravated assault of James Robert Hodges, Jr., aggravated assault of Russell Fuller, and two counts of possession of a knife during the commission of a crime. Gilchrist was found guilty of all charges on May 7, 1997, and was sentenced by order filed May 27, 1997 to life imprisonment, twenty years on thе aggravated assault on Fuller, and two five-year sentences on the possession charge all to be served consecutively. His motion for new trial, filed May 29, 1997 and amended Novembеr 18, 1997, was denied April 2, 1998. A notice of appeal was filed April 17, 1998. The appeal was docketed on July 23,1998. Oral arguments were heard on October 13,1998.
