Stone v. State, 435 S.E.2d 527 (Ga. Ct. App. 1993). · Go Syfert
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Stone v. State, 435 S.E.2d 527 (Ga. Ct. App. 1993). Cases Citing This Book View Copy Cite
20 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: Enuka v. State (gactapp, 2012-02-29)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 9 distinct citers.
discussed Cited as authority (rule) Enuka v. State
Ga. Ct. App. · 2012 · confidence medium
See Moore v. State, 234 Ga. App. 332, 333 (3) (a) ( 506 SE2d 685 ) (1998) (threat to kill was sufficient evidence of terroristic threat); Stone v. State, 210 Ga. App. 198, 199 ( 435 SE2d 527 ) (1993) (same). 7 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 8 See id. at 687-688, 694 (III) (A)-(B). 9 (Citation and punctuation omitted.) Williams v. State, 277 Ga. 853, 857 (6) ( 596 SE2d 597 ) (2004). 10 See Strickland, supra, 466 U. S. at 697 (IV); Fuller v. State, 277 Ga. 505, 507 (3) ( 591 SE2d 782 ) (2004). 11 (Punctuation omitted.) Robinson v. State, 277 Ga. 75, 76 ( 586 SE2d 313 ) (2003). …
discussed Cited as authority (rule) Layne v. State
Ga. Ct. App. · 2012 · confidence medium
See Shepherd v. State, 230 Ga. App. 426, 427 ( 496 SE2d 530 ) (1998) (holding that in considering defendant’s intent, jury could consider that threats were taken seriously); Stone v. State, 210 Ga. App. 198, 199 ( 435 SE2d 527 ) (1993) (holding that evidence of terroristic threats was corroborated by defendant’s angry and violent behavior toward officers).
discussed Cited as authority (rule) Hobby v. State
Ga. Ct. App. · 2009 · confidence medium
J., 294 Ga. App. 155, 156 ( 668 SE2d 775 ) (2008). 5 Boone v. State, 155 Ga. App. 937, 939 (2) ( 274 SE2d 49 ) (1980). 6 Stephens v. State, 271 Ga. App. 509, 510 ( 610 SE2d 143 ) (2005). 7 Wilson v. State, 291 Ga. App. 263, 264 (1) ( 661 SE2d 634 ) (2008). 8 Maskivish v. State, 276 Ga. App. 701, 703 (2) ( 624 SE2d 160 ) (2005). 9 Drew v. State, 256 Ga. App. 391, 393 (1) ( 568 SE2d 506 ) (2002). 10 Stone v. State, 210 Ga. App. 198, 199 ( 435 SE2d 527 ) (1993). 11 Lawhorn v. State, 200 Ga. App. 451, 453 (1) ( 408 SE2d 425 ) (1991).
discussed Cited as authority (rule) Wilson v. State
Ga. Ct. App. · 2008 · confidence medium
H., 281 Ga. App. 486, 488-489 (1) ( 636 SE2d 168 ) (2006) (evidence that officer found broken pencil at scene corroborated victim’s testimony that defendant committed aggravated assault with a deadly weapon); Stone v. State, 210 Ga. App. 198, 199 ( 435 SE2d 527 ) (1993) (defendant’s aggressive and hostile behavior prior to arrest was sufficient to corroborate officer’s testimony that defendant threatened him); Sampson v. State, *265 209 Ga. App. 213, 215 (1) ( 433 SE2d 136 ) (1993) (evidence of defendant’s presence on the scene, his reaction to victim, and victim’s demeanor was suffi…
discussed Cited as authority (rule) Evans v. State
Ga. Ct. App. · 2004 · confidence medium
See OCGA § 16-11-37 (a); Drew, supra (victim’s testimony regarding defendant’s violent behavior sufficiently corroborated police officer’s testimony that he heard defendant threaten victim’s life, even though victim did not hear threat); Stone v. State, 210 Ga. App. 198, 199 ( 435 SE2d 527 ) (1993) (testimony of several witnesses that defendant was angry, violent, and verbally abusive before arrest sufficiently corroborated officer’s testimony that, while officer was driving defendant to the police station, defendant threatened to kill him).
cited Cited as authority (rule) Drew v. State
Ga. Ct. App. · 2002 · confidence medium
(Citations and punctuation omitted.) Stone v. State, 210 Ga. App. 198, 199 ( 435 SE2d 527 ) (1993).
discussed Cited as authority (rule) Wilburn v. State
Ga. Ct. App. · 1996 · confidence medium
If there is any evidence of corroboration, this court will not g'o behind the jury verdict and pass on its probative value.’ ” (Citations omitted.) Stone v. State, 210 Ga. App. 198, 199 ( 435 SE2d 527 ) (1993).
discussed Cited as authority (rule) In the Interest of J. L. W.
Ga. Ct. App. · 1994 · confidence medium
If there is any evidence of corroboration, this court will not go behind the jury verdict and pass on its probative value.’ . . . [Cits.]” Stone v. State, 210 Ga. App. 198, 199 ( 435 SE2d 527 ) (1993).
discussed Cited "see, e.g." Smith v. State (2×)
Ga. Ct. App. · 2005 · signal: see also · confidence medium
See also Stone v. State, 210 Ga. App. 198, 199 ( 435 SE2d 527 ) (1993).
Stone
v.
the State
A93A1327.
Court of Appeals of Georgia.
Sep 8, 1993.
435 S.E.2d 527
Evelyn P. Luton, for appellant., Joseph H. Briley, District Attorney, Alberto C. Martinez, Jr., Assistant District Attorney, for appellee.
Andrews, Pope, Birdsong.
Cited by 10 opinions  |  Published
Andrews, Judge.

Stone was convicted of one count of terroristic threats and two counts of obstruction of a law enforcement officer. In his sole enumeration of error, Stone contends that the trial court erred in denying his motion for a directed verdict of acquittal since the State presented no evidence of corroboration of the threat as required under OCGA § 16-11-37 (a).

At trial, Officer Seckinger testified that on September 4, 1991, just after midnight, he responded to a report of a domestic problem[*199] at a trailer park. When Seckinger arrived at the designated address, he found a woman, Mrs. Stone, sobbing, in front of the residence and clothes strewn in the yard. Upon Seckinger’s arrival, appellant Stone came out of the trailer and demanded that Seckinger leave. Seckinger testified that Stone was loud and abusive and yelled some obscenities.

Seckinger, who was joined by Officer Crawford, attempted several times to calm Stone and when these efforts failed decided to arrest Stone for disorderly conduct. Seckinger attempted to arrest Stone and a struggle ensued, during which Seckinger was bruised. Crawford, and Seckinger were unable to restrain Stone and Seckinger called for a backup unit. Officer Tuft responded to the call and upon Tuft’s arrival, Stone ceased struggling. Stone was placed in Crawford’s vehicle and taken to jail. Officer Tuft testified and corroborated the testimony regarding Stone’s behavior before he entered the police vehicle.

Officer Crawford also testified. He confirmed Seckinger’s description of Stone angrily yelling and cursing. Crawford stated that during the struggle his uniform shirt pocket was torn off and his watch and wedding ring were lost. Crawford testified that by himself he drove Stone to jail. During that trip, Stone told Crawford several times that he would kill Crawford when he got off duty. Those threats formed the basis of the conviction at issue here.

Stone claims that his conviction for terroristic threats must be reversed since Crawford’s testimony regarding those threats was uncorroborated. We disagree.

OCGA § 16-11-37 (a) provides that no person shall be convicted of committing the offense of a terroristic threat on the uncorroborated testimony of the party to whom the threat is communicated. “As in rape cases, the quantum of corroboration need not in itself be sufficient to convict, but need only be that amount of independent evidence which tends to prove that the incident occurred as alleged. Slight circumstances may be sufficient for corroboration and the question of corroboration is one solely for the jury. If there is any evidence of corroboration, this court will not go behind the jury verdict and pass on its probative value.” (Citations and punctuation omitted.) Boone v. State, 155 Ga. App. 937, 939 (1) (274 SE2d 49) (1980); Moss v. State, 148 Ga. App. 459 (1) (251 SE2d 374) (1978); see also Mitchell v. State, 187 Ga. App. 40 (1) (369 SE2d 487) (1988); compare Hanvey v. State, 186 Ga. App. 690 (1) (368 SE2d 357) (1988).

There was testimony that Stone was angry and violent and had behaved in a hostile manner to the officers. Further, there was testimony that Stone was verbally abusive to the officers. Contrary to Stone’s arguments, there was corroborating evidence, despite the fact that the particular threat was not overheard, and the denial of Stone’s motion was proper. See Ellis v. State, 176 Ga. App. 384 (3) (336 SE2d 281) (1985).

[*200] Decided September 8, 1993. Evelyn P. Luton, for appellant. Joseph H. Briley, District Attorney, Alberto C. Martinez, Jr., Assistant District Attorney, for appellee.

Judgment affirmed.

Pope, C. J., and Birdsong, P. J., concur.