McCoy v. State, 425 S.E.2d 646 (Ga. 1993). · Go Syfert
McCoy v. State, 425 S.E.2d 646 (Ga. 1993). Cases Citing This Book View Copy Cite
81 citation events (14 in the last 25 years) across 2 distinct courts.
Strongest positive: Soloman v. State (gactapp, 2008-10-28)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 25 distinct citers.
discussed Cited as authority (rule) Soloman v. State
Ga. Ct. App. · 2008 · confidence medium
Matson, Assistant District Attorney, for appellee. 1 The indictment and judgment of conviction spell the appellant’s last name as “Solo-man,” although he is referred to in his appellate brief and on occasion in the record as “Solomon.” 2 The jury found him not guilty of kidnapping and aggravated assault. 3 See McCoy v. State, 262 Ga. 699, 700-701 (2) ( 425 SE2d 646 ) (1993); Lawson v. State, 278 Ga. App. 852, 854 (2) ( 630 SE2d 131 ) (2006). 4 Peavy v. State, 262 Ga. 782 (2) ( 425 SE2d 654 ) (1993).
discussed Cited as authority (rule) Nel v. State
Ga. Ct. App. · 2001 · confidence medium
Abernathy, Solicitor-General, for appellee. 1 Nel concedes that there is evidence in the record to support disqualification in that the mother of the boy who owned the dog “was a nurse at Northside Hospital for one of Solicitor Abernathy’s babies which may have constituted a conflict for the solicitor to handle the case.” 2 Hunter v. State, 202 Ga. App. 195, 197 ( 413 SE2d 526 ) (1991). 3 Evans v. State, 233 Ga. App. 879, 880 (2) ( 506 SE2d 169 ) (1998). 4 Thaxton v. State, 260 Ga. 141, 143 (5) ( 390 SE2d 841 ) (1990). 5 Yount v. State, 249 Ga. App. 563, 564-565 (1) ( 548 SE2d 674 ) (200…
discussed Cited as authority (rule) Leggon v. State
Ga. Ct. App. · 2001 · confidence medium
Andrews, P. J., and Miller, J., concur. 1 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 Espinoza v. State, 244 Ga. App. 96, 99 (5) ( 534 SE2d 824 ) (2000). 3 OCGA § 16-5-2 (a) (“A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person”). 4 2000 Ga. LEXIS 342 , Case No. S00C0610 (May 1, 2000). 5 2…
discussed Cited as authority (rule) Knight v. State
Ga. Ct. App. · 1999 · confidence medium
McCoy v. State, 262 Ga. 699, 700-701 (2) ( 425 SE2d 646 ). (b) Defendant contends the recharge was erroneous because the trial court failed to restate the State’s obligation to prove every material allegation of the indictment beyond a reasonable doubt, thus allowing the possibility that defendant was convicted of an act of molestation not charged in the indictment.
discussed Cited as authority (rule) Knight v. State
Ga. Ct. App. · 1999 · confidence medium
McCoy v. State, 262 Ga. 699, 700-701 (2), 425 S.E.2d 646 . (b) Defendant contends the recharge was erroneous because the trial court failed to restate the State's obligation to prove every material allegation of the indictment beyond a reasonable doubt, thus allowing the possibility that defendant was convicted of an act of molestation not charged in the indictment.
discussed Cited as authority (rule) Lowe v. State (2×)
Ga. · 1996 · confidence medium
McCoy v. State, 262 Ga. 699, 700 (2), 425 S.E.2d 646 (1993).
discussed Cited as authority (rule) Wright v. State
Ga. Ct. App. · 1996 · confidence medium
Or defendant may state his immediate objections, ‘and may also reserve the right to raise additional objections on motion for new trial or on appeal.’ McCoy v. State, 262 Ga. 699, 700 (2), 701 ( 425 SE2d 646 ).
cited Cited as authority (rule) Denson v. State
Ga. · 1995 · confidence medium
Lucas v. State, 265 Ga. 514, 515-516 ( 458 SE2d 103 ) (1995); Russell v. State, 264 Ga. 121 (3) ( 441 SE2d 750 ) (1994); McCoy v. State, 262 Ga. 699, 701 ( 425 SE2d 646 ) (1993).
discussed Cited as authority (rule) Lucas v. State (2×)
Ga. · 1995 · confidence medium
See generally Glisson v. Glisson, 265 Ga. 239, 240 ( 454 SE2d 508 ) (1995); Evans v. Harvey, 183 Ga. App. 284 (1) ( 358 SE2d 668 ) (1987). [5] See Russell v. State, 264 Ga. 121 (3) ( 441 SE2d 750 ) (1994); McCoy v. State, 262 Ga. 699, 701 ( 425 SE2d 646 ) (1993). [6] See generally Scott v. State, 210 Ga. 137, 138 (3) ( 78 SE2d 35 ) (1953). [7] Lucas obtained new counsel for his motion for new trial, and appellate counsel raised the issue of trial counsel's ineffectiveness. [8] See Peavy v. State, 262 Ga. 782, 783 ( 425 SE2d 654 ) (1993); Wadley v. State, 258 Ga. 465, 466-467 ( 369 SE2d 734 ) (…
cited Cited as authority (rule) Clark v. State
Ga. · 1995 · confidence medium
Wilson v. State, 262 Ga. 588 (2) (b) ( 422 SE2d 536 ) (1992); McCoy v. State, 262 Ga. 699, 701 ( 425 SE2d 646 ) (1993). *247 Decided March 13, 1995 Reconsideration denied March 30, 1995.
discussed Cited as authority (rule) Lewis v. State (2×)
Ga. Ct. App. · 1994 · confidence medium
Or defendant may state his immediate objections, “and may also reserve the right to raise additional objections on motion for new trial or on appeal.” McCoy v. State, 262 Ga. 699, 700 (2), 701 ( 425 SE2d 646 ).
cited Cited as authority (rule) Pilcher v. State
Ga. Ct. App. · 1994 · confidence medium
McCoy v. State, 262 Ga. 699, 700 (2) ( 425 SE2d 646 ) (1993).
discussed Cited as authority (rule) Paradise v. State
Ga. Ct. App. · 1994 · confidence medium
Our Supreme Court recently clarified the available procedures for preserving exceptions to the charge. “[D]efense counsel may [except] to such portions of jury instructions as are perceived at trial to be error and may also reserve the right to raise additional [exceptions] on motion for new trial or on appeal.” McCoy v. State, 262 Ga. 699, 701 (2) ( 425 SE2d 646 ) (1993).
discussed Cited as authority (rule) Waugh v. State
Ga. · 1993 · confidence medium
Appellant was a culpable party to Prince’s intentional act of throwing the rock and appellant is criminally liable for the fatal consequences of that act. [T]he uncontradicted evidence in this case showed the completion of the greater offense of [criminal damage to property] in the first degree, rendering it unnecessary that the trial court charge on the lesser offenses. [Cit.] McCoy v. State, 262 Ga. 699, 702 (3) (b) ( 425 SE2d 646 ) (1993). 6.
discussed Cited as authority (rule) Hopkins v. State
Ga. · 1993 · confidence medium
In McCoy v. State, 262 Ga. 699, 700-701 (2) ( 425 SE2d 646 ) (1993), we held that when the trial court asks a defendant whether he has any exceptions to the court’s charge, a defendant may preserve his objections to the charge by making specific objections at trial or by reserving his right to object on motion for new trial or on appeal.
examined Cited "see" State v. Jackson (4×)
Ga. · 2010 · signal: see · confidence high
See McCoy v. State, 262 Ga. 699, 700 , 425 S.E.2d 646, 647-48 (1993) (upholding felony murder conviction by finding that the death of a firefighter who fell into a well behind a burning house and died of asphyxiation was "directly attributable" to the defendant's felonious conduct in setting fire to the house); Durden, 250 Ga. at 329 , 297 S.E.2d 237 (affirming felony murder conviction where a storeowner responding to a burglary died of a heart attack after exchanging shots with the defendant).
discussed Cited "see" Pickren v. State (2×)
Ga. · 2000 · signal: see · confidence high
See McCoy v. State, 262 Ga. 699 (2) ( 425 SE2d 646 ) (1993).
discussed Cited "see" Shy v. State (2×)
Ga. Ct. App. · 1996 · signal: see · confidence high
Funderburk v. State, 195 Ga. App. 441, 442 (2) ( 393 SE2d 727 ) (1990); see Dearmore v. State, 196 Ga. App. 865, 867 (4), 868 ( 397 SE2d 200 ) (1990), overruled on other grounds, McCoy v. State, 262 Ga. 699, 701 (2) ( 425 SE2d 646 ) (1993). 3.
discussed Cited "see" Animashaun v. State (2×)
Ga. Ct. App. · 1995 · signal: see · confidence high
See McCoy v. State, 262 Ga. 699, 701 ( 425 SE2d 646 ).
discussed Cited "see" Palmore v. State (2×)
Ga. Ct. App. · 1994 · signal: see · confidence high
See generally McCoy v. State, 262 Ga. 699, 701 (2) ( 425 SE2d 646 ).
discussed Cited "see, e.g." Brown v. State (2×)
Ga. Ct. App. · 2000 · signal: see also · confidence medium
See Stevens v. State, 242 Ga. 34 (1) ( 247 SE2d 838 ) (1978); Hicks v. State, 232 Ga. 393 ( 207 SE2d 30 ) (1974). 24 Wynn v. State, 225 Ga. App. 206 ( 483 SE2d 352 ) (1997); Burruss v. State, 242 Ga. App. 241, 243 ( 529 SE2d 375 ) (2000) (even when the state is required to give notice of its intent to admit prior convictions into evidence before sentencing, if the defendant failed to object, the issue is not preserved for review). 25 Richards v. State, 232 Ga. App. 584, 587 (2) ( 502 SE2d 519 ) (1998). 26 (Punctuation omitted.) Johnson v. State, 234 Ga. App. 58, 59 (1) ( 506 SE2d 212 ) (1998),…
discussed Cited "see, e.g." Hyman v. State (2×)
Ga. · 2000 · signal: compare · confidence medium
Compare McCoy v. State, 262 Ga. 699, 700 (1) ( 425 SE2d 646 ) (1993).
examined Cited "see, e.g." Freeman v. State (4×)
Ga. · 1997 · signal: see also · confidence medium
See also McCoy v. State, 262 Ga. 699, 701 (3)(a), 425 S.E.2d 646 (1993); Hill v. State, 211 Ga. 683, 685 (4), 88 S.E.2d 145 (1955); Key v. State, 211 Ga. 384, 385 (5), 86 S.E.2d 212 (1955); Lewis v. State, 196 Ga. 755, 760 (3), 27 S.E.2d 659 (1943).
discussed Cited "see, e.g." Dunbar v. State (2×)
Ga. · 1994 · signal: compare · confidence low
Compare McCoy v. State, 262 Ga. 699, 701 (2) ( 425 SE2d 646 ) (1993). 5.
discussed Cited "see, e.g." Baker v. State (2×)
Ga. · 1993 · signal: compare · confidence low
Compare McCoy v. State, 262 Ga. 699 (2) ( 425 SE2d 646 ) (1993) (holding that all objections to the jury charge need not be made at trial and additional objections may be reserved for a motion for new trial or an appeal).
McCOY
v.
THE STATE
S92A1066.
Supreme Court of Georgia.
Feb 5, 1993.
425 S.E.2d 646
Kenneth D. Kondritzer, for appellant., Michael H. Crawford, District Attorney, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, C. A. Benjamin Woolf, Assistant Attorney General, for appellee.
Benham, Clarke, Hunt, Fletcher, Sears-Collins, Hunstein.
Cited by 39 opinions  |  Published
Benham, Justice.

Appellant was indicted for felony murder and arson in the first degree. [1] His first trial resulted in a conviction for arson in the first[*700] degree and a mistrial on the felony murder charge due to the jury’; inability to reach a verdict. A second trial on the felony murder coun resulted in a verdict of guilty. The trial court merged the arson con viction into the felony murder conviction and sentenced only for the felony murder. Appellant asserts on appeal that the trial court errec in refusing to give certain requested jury instructions and that the evidence did not support the verdict.

1. The evidence at trial authorized the jury to find that appellan and his co-indictee left a party and walked to an abandoned house After exploring the house, and having noticed the presence of a wel closed by a wooden cover, appellant borrowed his companion’s lightei and deliberately set the house afire. Two volunteer firemen who re sponded to the fire were directed to take a hose to the back of th( house to prevent the fire from spreading to other property. In the darkness and the dense smoke from the fire, one of the firemen fel into the well, the cover of which had been burned in the fire. The wel was filled with smoke and ashes and the fireman, unable to obtaii sufficient oxygen, died of acute carbon monoxide poisoning associatec with smoke inhalation and oxygen depletion.

It being clear from the evidence that appellant deliberately se1 the house afire, that the victim came to the scene as a direct result oi appellant having set the fire, that the protective cover over the wel was burned away by the fire appellant set, and that the victim died as a result of breathing the concentrated smoke from the fire which appellant set, we hold that the evidence was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonabli doubt of felony murder with arson in the first degree as the underlying felony. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). Appellant’s reliance on State v. Crane, 247 Ga. 779 (278 SE2d 695) (1981), and Hill v. State, 250 Ga. 277 (1b) (295 SE2d 518) (1982), is unwarranted: the felony murder statute was inapplicable in those cases because the deaths were not caused by the defendant but by the victim and a police officer, respectively, whereas the death in this case was directly attributable to appellant’s felonious conduct in setting the fire.

2. In four enumerations of error, appellant complains of the trial court’s refusal to give certain requested jury instructions. Appellant objected to portions of the jury charge and clearly sought to reserve other objections, but he did not specifically object to the trial court’s refusal to give the charges involved in this appeal. The State argues[*701] that the objections raised on appeal were waived, citing Pruitt v. State, 258 Ga. 583 (14) (373 SE2d 192) (1988), for the proposition that one must either state all objections at trial or reserve all objections for a motion for new trial or an appeal. The use of the word “either” in Pruitt arguably gives support to the State’s position and may have been the basis for the Court of Appeals’ holding in Dearmore v. State, 196 Ga. App. 865 (2) (397 SE2d 200) (1990), that

[w]hen asked by the trial court if he had any exceptions to the charge, an appellant either must state his objections or reserve his right to object on motion for new trial or on appeal; he cannot do both. [Cit.]

However, the case cited in Pruitt as authority for the proposition did not use the word “either” in its formulation of the rule:

In order to avoid waiver, if the trial court inquires if there are objections to the charge, counsel must state his objections or follow the procedure ... of reserving the right to object on motion for new trial or on appeal. [Jackson v. State, 246 Ga. 459, 460 (271 SE2d 855) (1980).]

We find considerable merit in appellant’s argument that an expansive interpretation of the rule stated in Pruitt, one permitting the defense to make such objections as it wishes at trial and still reserve other objections until motion for new trial or appeal, would advance one of the basic purposes of making objections to jury charges at trial, i.e., giving the trial court an opportunity to perceive and correct any errors before harm is done. We take this opportunity, therefore, to make it clear that defense counsel may object to such portions of jury instructions as are perceived at trial to be error and may also reserve the right to raise additional objections on motion for new trial or on appeal. The contrary statement in Dearmore v. State, supra, which was mere dicta since defense counsel there made one objection to a portion of the charge but made no effort to reserve other objections, will not be followed.

Although appellant did not object to the refusal to give the instructions now at issue, he made it unmistakably clear that he reserved his right to assert objections on motion for new trial and on appeal. Accordingly, his objections are preserved for review.

3. However, a careful review of the record persuades us that there was no error in the trial court’s refusal of appellant’s requested jury instructions.

(a) In support of his effort to show that the victim’s death was due not to his criminal conduct in burning the house, but to the negligence of the landowner in leaving an abandoned well unfilled, appel[*702] lant requested a charge on the duty to fill in abandoned wells (see OCGA §§ 12-5-122; 12-5-134; 44-1-14). The requested charge, however, was not a complete and accurate statement of the law in that it did not specify whose responsibility it was to fill in abandoned wells; indeed, it could be inferred from the requested charge and the evidence that appellant, having discovered the well, was under a duty to report it. The charge also was not adjusted to the evidence since there was testimony that the house appellant burned had not been lived in for approximately ten years, but there was no testimony about the use or disuse of the well so as to render it abandoned. Since the requested charge was not accurate and was not adjusted to the evidence, there was no error in refusing to give it. Kessel v. State, 236 Ga. 373 (2) (223 SE2d 811) (1976).

Decided February 5, 1993. Kenneth D. Kondritzer, for appellant. Michael H. Crawford, District Attorney, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, C. A. Benjamin Woolf, Assistant Attorney General, for appellee.

(b) Appellant requested charges on the offenses of involuntary manslaughter, reckless conduct, and criminal trespass, arguing that his conduct could have been found to constitute one of the latter two misdemeanors, authorizing the jury to find him guilty of involuntary manslaughter rather than felony murder. However, the uncontradicted evidence in this case showed the completion of the greater offense of arson in the first degree, rendering it unnecessary that the trial court charge on the lesser offenses. Jordan v. State, 239 Ga. 526 (2) (238 SE2d 69) (1977).

Judgment affirmed.

Clarke, C. J., Hunt, P. J., Fletcher, Sears-Collins and Hunstein, JJ., concur.
1

The offenses occurred on April 22, 1990, and appellant was indicted in August 1990. He was found guilty of arson in the first degree on October 9, 1990; was found guilty of felony[*700] murder on March 20, 1991; and was sentenced to life imprisonment on that same date. A motion for new trial was filed on March 25, 1991, and was denied on March 25, 1992. The appeal was docketed in this court on May 28, 1992, and oral argument was heard on September 14, 1992.