Edwards v. State, 221 S.E.2d 28 (Ga. 1975). · Go Syfert
Edwards v. State, 221 S.E.2d 28 (Ga. 1975). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 2001 · 2 courts · …ijnduced error is impermissible. at p. 604
cited 2× by 2 distinct cases, last quoted 1987 · …induced error is impermissible. at p. 604
170 citation events (31 in the last 25 years) across 2 distinct courts.
Strongest positive: KERDPOKA v. State (gactapp, 2012-02-28)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) KERDPOKA v. State
Ga. Ct. App. · 2012 · confidence medium
Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) [(1975)]. ‘A party cannot claim error . . . where he himself committed or invited the error. . . .’ [Cit.]” Westmoreland v. State, 192 Ga. App. 173, 176-177 (2) (b) ( 384 SE2d 249 ) (1989).
cited Cited as authority (rule) Blue Cross & Blue Shield of Georgia, Inc. v. Shirley
Ga. Ct. App. · 2010 · confidence medium
Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) [(1975)].
cited Cited as authority (rule) Adamson v. General Electric Co.
Ga. Ct. App. · 2010 · confidence medium
Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) [(1975)].
cited Cited as authority (rule) Barnes v. State
Ga. Ct. App. · 2009 · confidence medium
Induced error is impermissible. [Cits.]" Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975).
discussed Cited as authority (rule) Pincherli v. State
Ga. Ct. App. · 2008 · confidence medium
Allen, Assistant District Attorney, for appellee. 1 OCGA § 16-13-31 (a) (1) (C). 2 Eady v. State, 256 Ga. App. 696 ( 569 SE2d 603 ) (2002). 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Taylor v. State, 266 Ga. App. 818 ( 598 SE2d 122 ) (2004). 5 Mackey v. State, 234 Ga. App. 554, 555 ( 507 SE2d 482 ) (1998). 6 On appeal, Pincherli does not challenge the voluntariness of his post-arrest statement. 7 Walker v. State, 265 Ga. App. 449, 450-451 (1) ( 594 SE2d 678 ) (2004). 8 Taylor v. State, 263 Ga. App. 420, 422 (1) ( 587 SE2d 791 ) (2003). 9 Townsend v. State, 253 Ga…
discussed Cited as authority (rule) Bravo v. State
Ga. Ct. App. · 2004 · confidence medium
Barnes and Mikell, JJ., concur. 1 OCGA § 16-6-1 (a). 2 OCGA § 16-5-41 (a). 3 OCGA § 16-11-106 (b). 4 Johnson v. State, 257 Ga. App. 30, 31 ( 570 SE2d 344 ) (2002). 5 Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 6 Baynes v. State, 218 Ga. App. 687, 690-691 (4) ( 463 SE2d 144 ) (1995). 7 Nichols v. State, 177 Ga. App. 689, 693 (2) ( 340 SE2d 654 ) (1986). 8 Gosnell v. State, 247 Ga. App. 508, 510 (2) (c) ( 544 SE2d 477 ) (2001). 9 Branesky v. State, 262 Ga. App. 33, 35 (2) ( 584 SE2d 669 ) (2003). 10 Jones v. State, 246 Ga. App. 596, 597 (2) ( 539 SE2d 602 ) (200…
cited Cited as authority (rule) McMillan v. State
Ga. · 2003 · confidence medium
Harris v. State, 274 Ga. 422, 425 ( 554 SE2d 458 ) (2001); Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) (1975).
cited Cited as authority (rule) Scott v. State
Ga. · 2001 · confidence medium
He will not now be heard to complain of the very charge he requested; “[ijnduced error is impermissible.” Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975).
discussed Cited as authority (rule) Reynolds v. State
Ga. Ct. App. · 1998 · confidence medium
See Ingram v. State, 160 Ga. App. 300, 301 (4) ( 287 SE2d 304 ) (1981) (induced error is impermissible); Moore v. Sinclair, 196 Ga. App. 667, 671 (5) ( 396 SE2d 557 ) (1990); Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975). 6.
cited Cited as authority (rule) Outdoor Systems, Inc. v. Woodson
Ga. Ct. App. · 1996 · confidence medium
Bailey v. State, 203 Ga. App. 133, 138 (4) ( 416 SE2d 151 ) (1992); Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975).
discussed Cited as authority (rule) Simmons v. State
Ga. · 1996 · confidence medium
Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) (1975). (b) Simmons maintains that the trial court erred by refusing to instruct the jury on reckless conduct as a lesser included offense of the malice murder.
discussed Cited as authority (rule) Shepherd v. State (2×)
Ga. Ct. App. · 1995 · confidence medium
Edwards v. State, 235 Ga. 603, 604 (2), 221 S.E.2d 28 (1975); Helton v. State, 166 Ga.App. 662, 664 (2b), 305 S.E.2d 592 (1983); Vick v. State, 166 Ga.App. 572, 573 (2), 305 S.E.2d 17 (1983); Wright v. State, 162 Ga.App. 60 , 290 S.E.2d 163 (1982).
cited Cited as authority (rule) Bailey v. State
Ga. Ct. App. · 1992 · confidence medium
Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975); Jones v. State, 198 Ga. App. 881 ( 403 SE2d 867 ) (1991).
discussed Cited as authority (rule) Bridges v. State (2×)
Ga. Ct. App. · 1990 · confidence medium
Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980); Hill v. State, 237 Ga. 523, 525 (3) ( 228 SE2d 898 ) (1976); Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975).
discussed Cited as authority (rule) Kenny v. State
Ga. Ct. App. · 1990 · confidence medium
It is a settled rule of evidence in this State that evidence of flight may be submitted to the jury and that they may infer guilt therefrom.” Pretermitting the issue whether statements by appellant’s counsel during the charge conference constituted an endorsement of the exact language charged by the trial court, see Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975), we do not agree with appellant that the syntax used in the charge resulted in an unauthorized comment on the evidence by the trial court.
cited Cited as authority (rule) Edwards v. State
Ga. Ct. App. · 1990 · confidence medium
See Jackson v. State, 246 Ga. 459, 460 ( 271 SE2d 855 ) (1980); Hill v. State, 237 Ga. 523, 525 (3) ( 228 SE2d 898 ) (1976); Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975). 3.
cited Cited as authority (rule) Westmoreland v. State
Ga. Ct. App. · 1989 · confidence medium
Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ). “ ‘A party cannot claim error . . . *177 where he himself committed or invited the error. . .
cited Cited as authority (rule) Smith v. State
Ga. Ct. App. · 1988 · confidence medium
For one, “[ijnduced error is impermissible.” Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975); Farmer v. State, 180 Ga. App. 720, 722 (5) ( 350 SE2d 583 ) (1986).
cited Cited as authority (rule) Brown v. State
Ga. Ct. App. · 1987 · confidence medium
“Induced error is impermissible.” Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ).
cited Cited as authority (rule) Farmer v. State
Ga. Ct. App. · 1986 · confidence medium
“Induced error is impermissible.” Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975). 6.
cited Cited as authority (rule) Heaton v. State
Ga. Ct. App. · 1986 · confidence medium
Jackson v. State, 154 Ga. App. 411, 412 (1) ( 268 SE2d 749 ); Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ).
cited Cited as authority (rule) Keri v. State
Ga. Ct. App. · 1986 · confidence medium
Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ).
cited Cited as authority (rule) Fuller v. State
Ga. Ct. App. · 1986 · confidence medium
Spear v. State, 230 Ga. 74 ( 195 SE2d 397 ) (1973).” Edwards v. State, 235 Ga. 603, 605 ( 221 SE2d 28 ) (1975).
cited Cited as authority (rule) Lingerfelt v. State
Ga. · 1985 · confidence medium
Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) (1975). 4.
cited Cited as authority (rule) Evans v. State
Ga. Ct. App. · 1985 · confidence medium
Of course, induced error is impermissible, Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) (1975), but counsel argues that the remark was unresponsive.
cited Cited as authority (rule) Chance v. State
Ga. Ct. App. · 1984 · confidence medium
Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ).
cited Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 1981 · confidence medium
Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ).
discussed Cited as authority (rule) Minis v. State (2×)
Ga. Ct. App. · 1979 · confidence medium
Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) (1975); Whitten v. State, 143 Ga. App. 768 ( 240 SE2d 107 ) (1978). 4.
cited Cited as authority (rule) Mosley v. State
Ga. Ct. App. · 1979 · confidence medium
Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ).
discussed Cited as authority (rule) Legare v. State
Ga. · 1979 · confidence medium
Not only will the failure to interpose a timely objection at trial preclude consideration of an objection raised for the first time on appeal (Clenney v. State, 229 Ga. 561, 563 ( 192 SE2d 907 ) (1972)), but "A defendant will not be allowed to induce an asserted error, sit silently by hoping for an acquittal, and obtain a new trial when that tactic fails.” Hill v. State, 237 Ga. 523 ( 228 SE2d 898 (1976); Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) (1975).
discussed Cited as authority (rule) White v. State (2×)
Ga. · 1979 · confidence medium
Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) (1975), and Hill v. State, 237 Ga. 523 ( 228 SE2d 898 ) (1976) held that an appellant cannot complain where either the error in the charge or the erroneous failure to charge was induced by him.
cited Cited as authority (rule) Mason v. State
Ga. · 1977 · confidence medium
White v. State, 230 Ga. 327, 340 ( 196 SE2d 849 ) (1973); Edwards v. State, 235 Ga. 603, 605 (5) ( 221 SE2d 28 ) (1975).
examined Cited as authority (rule) Drake v. State (4×)
Ga. Ct. App. · 1977 · confidence medium
"Induced error is impermissible.” Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) (1975); Hill v. State, 237 Ga. 523, 525 ( 228 SE2d 898 ) (1976).
discussed Cited as authority (rule) Fountain v. York
Ga. · 1976 · confidence medium
Without deciding the notice issue, we find that under the facts of this case the jury verdict of guilty of simple battery was induced by petitioner (Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) (1975); Patterson v. State, 233 Ga. 724 (7) ( 213 SE2d 612 ) (1975)), and therefore cannot be raised by petition for habeas corpus.
discussed Cited as authority (rule) Hill v. State (2×)
Ga. · 1976 · confidence medium
Induced error is impermissible. " Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) (1975).
discussed Cited "see" Ashley v. the State (2×)
Ga. Ct. App. · 2017 · signal: see · confidence high
See Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975) (defendant cannot complain of jury charge that defendant requested; such charge is induced error, which is impermissible). 5.
examined Cited "see" Winston Strapp v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2014 · signal: see · confidence high
See generally Edwards, 235 Ga. at 604-605 (where trial court and defense counsel agreed that a charge should be 13 given, any error was induced).
examined Cited "see" Strapp v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2014 · signal: see · confidence high
See generally Edwards, 235 Ga. at 604-605 (where trial court and defense counsel agreed that a charge should be given, any error was induced).
discussed Cited "see" Woodson v. State (2×)
Ga. Ct. App. · 2004 · signal: accord · confidence high
Accord Cook v. State, 242 Ga. 657, 658 ( 251 SE2d 230 ) (1978). 6 Fortson, supra at 84 , citing Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975). 7 OCGA § 42-8-61; see Roland v. Meadows, 273 Ga. 857, 859 ( 548 SE2d 289 ) (2001). 8 The order entered on May 8, 2002, is ambiguous.
examined Cited "see" Felder v. State (3×)
Ga. Ct. App. · 2003 · signal: see · confidence high
Felder cannot now complain that the court erred in preventing him from using those statements during cross-examination. “[I]nduced error is impermissible and furnishes no ground for reversal. [Cit.]” Torres v. State, 272 Ga. 389, 392 (7) ( 529 SE2d 883 ) (2000); see Edwards v. State, 235 Ga. 603, 604 (2) ( 221 SE2d 28 ) (1975).
discussed Cited "see" Roulain v. Martin (2×)
Ga. · 1996 · signal: see · confidence high
See Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) (1975).
examined Cited "see" Butler v. State (4×)
Ga. Ct. App. · 1990 · signal: see · confidence high
See Edwards v. State, 235 Ga. 603 (2) ( 221 SE2d 28 ) (1975).
discussed Cited "see" Hudson v. State (2×)
Ga. Ct. App. · 1988 · signal: see · confidence high
See Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 28 ) (1975). 3.
discussed Cited "see" McDaniel v. State (2×)
Ga. · 1981 · signal: see · confidence high
See Edwards v. State, 235 Ga. 603 (4) ( 221 SE2d 28 ) (1975) and cits.
discussed Cited "see" Royals v. State (2×)
Ga. Ct. App. · 1980 · signal: see · confidence high
See Edwards v. State, 235 Ga. 603 (2) ( 221 SE2d 28 ) (1975).
discussed Cited "see" Potts v. State (2×)
Ga. · 1978 · signal: see · confidence high
See Edwards v. State, 235 Ga. 603 ( 221 SE2d 28 ) (1975); Patterson v. State, 233 Ga. 724, 727 ( 213 SE2d 612 ) (1975); Joyner v. State, 208 Ga. 435 (2) ( 67 SE2d 221 ) (1951); Quattlebaum v. State, 119 Ga. 433 (2) ( 46 SE 677 ) (1903).
discussed Cited "see" Davis v. State
Ga. · 1977 · signal: see · confidence high
See Edwards v. State, 235 Ga. 603, 604 ( 221 SE2d 287 ) (1975); Johnson v. State, 235 Ga. 486, 491 ( 220 SE2d 448 ) (1975); Tamplin v. State, 235 Ga. 20, 25 ( 218 SE2d 779 ) (1975); Jackson v. State, 234 Ga. 549, 553 ( 216 SE2d 834 ) (1975); Bradley v. State, 137 Ga. App. 670, 672 ( 224 SE2d 778 ) (1976).
discussed Cited "see, e.g." Smith v. State (2×)
Ga. Ct. App. · 1988 · signal: see also · confidence low
However, the record reveals that the charge given was requested by the defendant; consequently, he cannot now assert the charge was erroneous. “ ‘Induced error is impermissible.’ ” Farmer v. State, 180 Ga. App. 720, 722 ( 350 SE2d 583 ) (1986); see also Edwards v. State, 235 Ga. 603 (2) ( 221 SE2d 28 ) (1975).
examined Cited "see, e.g." Riceman v. State (3×)
Ga. Ct. App. · 1983 · signal: see also · confidence low
See also, e.g., Edwards v. State, 235 Ga. 603 ( 221 SE2d 28 ) (1975); Whitten v. State, 143 Ga. App. 768 ( 240 SE2d 107 ) (1977).
cited Cited "see, e.g." Brown v. State
Ga. · 1976 · signal: compare · confidence low
Compare Edwards v. State, 235 Ga. 603 (1975).
Retrieving the full opinion text from the archive…
Edwards
v.
the State
30299.
Supreme Court of Georgia.
Nov 24, 1975.
221 S.E.2d 28
1975 Ga. LEXIS 940
Glenn Zell, for appellant., Lewis R. Slaton, District Attorney, Carole E. Wall, Assistant District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Jr., Assistant Attorney General, for appellee.
Jordan.
Cited by 84 opinions  |  Published
Jordan, Justice.

Appellant, Catherine Edwards, appeals from her conviction of murder and life sentence.

1. At trial a witness for the state testified that he witnessed the shooting, that appellant and her husband were quarrelling while standing in the parking lot of a liquor store and that as her husband turned and walked away, she shot him four times with a .38 revolver. Appellant admitted killing her husband, but claimed that she did so in self-defense. However, the evidence is sufficient to support the jury’s verdict of murder, and appellant’s motion for new trial on general grounds was properly overruled.

2. Appellant complains that the trial court erred by instructing the jury on both the law of confessions and incriminating statements, and that her statement was[*604] actually an incriminating statement, making the instruction on confession prejudicial error.

The state introduced into evidence a statement made to the police by appellant on the night of her arrest. The appellant also testified at her trial. She related domestic quarrels over money and her husband’s girlfriend and as to the occasion on which she shot him stated, "I turned around and faced him, and I was scared he was going to jump on me and I started shooting, I didn’t know whether he had his gun or not.”

Prior to the charge of the court a colloquy between court and counsel ensued in which the court stated: "The statement in this case could be an incriminating statement. I guess it could be a confession. Do you contend I ought to charge them just on incriminating statements? If they found this to be a confession I would have to tell them that confessions ought to be treated with caution and not considered unless it was free and voluntarily made.” Defense counsel then stated: "I think, if your honor please, you should charge that.” The court included in its charge both the law on confessions and incriminating statements.

Under the foregoing circumstances the appellant cannot complain of the charge as given. Both court and defense counsel agreed that the charge on both should be given and defense counsel’s statement to the court was tantamount to a request to so charge. Induced error is impermissible. Patterson v. State, 233 Ga. 724 (7) (213 SE2d 612) (1975); Jackson v. State, 234 Ga. 549, 553 (216 SE2d 834) (1975); Tamplin v. State, 235 Ga. 20, 25 (1975). This case differs from the facts in Sims v. State, 234 Ga. 177 (214 SE2d 902) (1975) and Thomas v. State, 234 Ga. 615 (216 SE2d 859) (1975) in which the defense counsel merely stated to the court that he had no objections to the charge as given.

3. Appellant contends that the trial court erred in failing to charge the jury on voluntary manslaughter, although not requested to do so. In the same colloquy referred to above the court notified counsel for appellant that he was going to charge on murder and justifiable homicide, to which counsel replied: "Yes, your honor, I think you should charge it’s either murder or justifiable[*605] homicide ... I don’t see it’s anything else.” We find no error for the reasons stated in Division 2.

Submitted September 8, 1975 Decided November 24, 1975. Glenn Zell, for appellant. Lewis R. Slaton, District Attorney, Carole E. Wall, Assistant District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Jr., Assistant Attorney General, for appellee.

4. The third enumeration of error complains that the trial court erred by not charging the jury, without request, on the law of good character as demanded by the evidence.

This court has consistently held that a proper instruction on character should be given whenever the accused places his character in issue. However, in the absence of a timely request, the failure to give the charge on character will not require a new trial, except in exceptional cases. Spear v. State, 230 Ga. 74 (195 SE2d 397) (1973).

A reading of the transcript in the present case fails to disclose that appellant relied upon her good character as a defense. The case is therefore distinguishable from Seymour v. State, 102 Ga. 803 (30 SE 263) (1897) which was held to be an exceptional case in that a charge was required, although not requested, as the defendant there relied upon his good character and reputation in the community as his sole defense.

5. Appellant enumerates as error the dispersal of the jury without her or her counsel’s consent in violation of Code Ann. § 59-718.1 (Ga. L. 1972, p. 622).

However, the transcript in this case reveals that appellant’s counsel specifically agreed prior to the jury’s deliberation to allow their dispersal. Appellant’s contention is therefore without merit.

Judgment affirmed.

All the Justices concur.