370 S.E.2d 633 | Ga. Ct. App. | 1988
Appellant was convicted of aggravated assault and theft by taking a motor vehicle. He appeals, and in his sole enumeration of error contends the trial court erred by denying his motion in limine seeking to suppress testimony of the victim about an alleged threatening note she received from appellant.
The evidence disclosed that Catherine McBurrough, the victim, was the former wife of appellant. When she went to his mother’s residence to pick up some items awarded to her in the divorce, appellant was present and told her the items were in his mother’s bedroom. McBurrough entered the bedroom and appellant followed her, stating he had a letter he wanted McBurrough to read. Appellant closed the bedroom door and sat down on the bed; McBurrough sat in a chair and read the letter. She was allowed to testify that the letter was in appellant’s handwriting and stated that if she came back appellant would not hurt her (McBurrough); that he knew McBurrough left because there was someone else; and at the end of the letter, statements were made that appellant was first going to kill McBurrough, then her father, then her sister, and lastly, her father’s wife. McBurrough was stunned, and asked appellant if he wanted the letter back; he said yes, and McBurrough got up and gave the letter to appellant. She then started to leave and appellant hit her from behind, knocking her head into the door. McBurrough screamed for appellant’s mother to help her and call the police. The mother did not respond and appellant continued hitting McBurrough; she did not realize she was being stabbed until blood started gushing across her face. Appellant then threw McBurrough across the room and started choking her; he continued choking McBurrough until she passed out. Appellant went outside, and a short time later drove off in McBurrough’s car.
Appellant testified in his own behalf and admitted that he hit McBurrough several times, cut her with a knife, threw her across the room and choked her. He also admitted driving off in McBurrough’s car. However, he testified that McBurrough picked up the knife after reading the letter and in a struggle to get the knife away from her, appellant struck her several times and got the knife. He also testified that McBurrough grabbed him in the crotch and was squeezing him, and that all of his actions were taken in an attempt to get her to release her hold on him.
The trial judge denied appellant’s motion in limine to exclude
Even assuming, for the sake of argument only, that it was error to admit testimony as to the contents of appellant’s letter, such error was harmless under the facts of this case. Appellant admitted the assault on McBurrough and that he took her car, so the only question was one of credibility as to how this incident commenced. Under such circumstances, we find it highly probable that any error in admitting McBurrough’s testimony about the letter did not contribute to the verdict in this case. See Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976); Bridgers v. State, 183 Ga. App. 98, 99 (1) (357 SE2d 894) (1987).
Judgment affirmed.