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Lawskills.com Georgia Caselaw
JOHNSON v. THE STATE.
66700.
CARLEY, Judge.
Armed robbery. Fulton Superior Court. Before Judge Langford.
Appellant was tried for and found guilty of armed robbery. He appeals from the conviction and sentence entered on the guilty verdict.
In appellant's sole enumeration, he assigns as error the admission, over objection, of evidence concerning his prior conviction of armed robbery. OCGA 24-9-20(b) (Code Ann. 38-415) provides n relevant part: "[N]o evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue." Appellant contends that, in violation of this statute, the state was allowed to introduce the prior conviction although appellant had not first put his character in issue. "In a criminal case the State can not rebut or question the presumption of the defendant's good character unless the defendant discards the presumption thus afforded and elects to put his actual character in issue by evidence or by his statement to the jury." (Emphasis in original.) Bryant v. State, 65 Ga. App. 523 (2) (16 SE2d 241) (1941). See also Favors v. State, 145 Ga. App. 864 (1) (244 SE2d 902) (1978).
State, 141 Ga. App. 64 (2) (232 SE2d 401) (1977). Accordingly, the evidence of appellant's prior conviction of armed robbery was properly admitted to rebut his testimony as to his own good character. Murray v. State, supra.
Lewis R. Slaton, District Attorney, Joseph J. Drolet, Carole Wall, Assistant District Attorneys, for appellee.
J. Douglas Willix, for appellant.
DECIDED NOVEMBER 29, 1983.
Thursday May 21 20:38 EDT


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