Francis v. State, 463 S.E.2d 859 (Ga. 1995). · Go Syfert
Francis v. State, 463 S.E.2d 859 (Ga. 1995). Cases Citing This Book View Copy Cite
“here . . . the evidence is sufficient to authorize a finding that the theft was completed after force was employed against the victim, a conviction . . . is authorized 'regardless of when the intent to take the victim's arose . . . .”
136 citation events (87 in the last 25 years) across 4 distinct courts.
Strongest positive: Batiste v. State (miss, 2013-05-16)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 49 distinct citers.
examined Cited as authority (verbatim quote) Batiste v. State (2×) also: Cited as authority (quoted)
Miss. · 2013 · quote attribution · 2 verbatim quotes · confidence high
here ... the evidence is sufficient to authorize a finding that the theft was completed after force was employed against the victim, a conviction ... is authorized 'regardless of when the intent to take the victim's arose ....
examined Cited as authority (verbatim quote) Bobby Batiste v. State of Mississippi
Miss. · 2009 · quote attribution · 1 verbatim quote · confidence high
here . . . the evidence is sufficient to authorize a finding that the theft was completed after force was employed against the victim, a conviction . . . is authorized 'regardless of when the intent to take the victim's arose . . . .
examined Cited as authority (quoted) Taylor v. State (2×) also: Cited "see, e.g."
Ga. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the prohibition against the state's introduction of character evidence unless and until the defendant places his own character into issue 'does not preclude use of. .. evidence to disprove facts testified to by the defendant.
examined Cited as authority (quoted) Taylor v. State (2×) also: Cited "see, e.g."
Ga. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the prohibition against the state's introduction of character evidence unless and until the defendant places his own character into issue 'does not preclude use of . . . evidence to disprove facts testified to by the defendant.
discussed Cited as authority (quoted) Nesbitt v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a conviction in a criminal case will not be reversed when it is highly probable that an erroneous jury instruction did not contribute to the verdict.
discussed Cited as authority (rule) Darien Powell v. State
Ga. Ct. App. · 2019 · confidence medium
M. identified the Appellant as the robber.9 “[A] jury is authorized to believe or disbelieve all or any part of the 7 OCGA § 16-8-41 (a). 8 Hicks, 232 Ga. at 403 ; cf. Weldon v. State, 279 Ga. 185, 186 ( 611 SE2d 36 ) (2005) (armed robbery established where the defendant threatened the victim with a firearm, carried by a co-defendant, during a robbery); Francis v. State, 266 Ga. 69, 70 (1) ( 463 SE2d 859 ) (1995) (theft occurred where evidence showed that the theft was completed after the defendant employed force against the victim). 9 See Banks v. State, 269 Ga. App. 653, 654 (1) ( 605 SE2…
discussed Cited as authority (rule) Benton v. State
Ga. · 2019 · confidence medium
“Where, as here, the evidence is sufficient to authorize a finding that the theft was completed after force was employed against the victim, a conviction for armed robbery is authorized[.]” Francis v. State, 266 Ga. 69, 70 ( 463 SE2d 859 ) (1995).
discussed Cited as authority (rule) Hamm v. State
Ga. · 2014 · confidence medium
“A conviction in a criminal case will not be reversed when it is highly probable that an erroneous jury instruction did not contribute to the verdict.” Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995). 8 Under the circumstances presented here, we find that the error was in fact harmless.
discussed Cited as authority (rule) Stacey v. State
Ga. · 2013 · confidence medium
As for the trial court’s charge on impeachment, we note that an “unauthorized charge on an unavailable method of impeachment is generally harmless error” and a conviction “will not be reversed when it is highly probable that an erroneous jury instruction did not contribute to the verdict.” Francis v. State, 266 Ga. 69, 72 ( 463 SE2d 859 ) (1995) (quoting Hill v. State, 155 Ga. App. 718, 719 (1) ( 272 SE2d 508 ) (1980)). 3.
discussed Cited as authority (rule) Britton v. State
Ga. Ct. App. · 2011 · confidence medium
OCGA § 16-5-21 (a) (2), (3). 2 See Fletcher v. State, 277 Ga. 795, 797 (4) ( 596 SE2d 132 ) (2004) (allowing the jury to have a written copy of the charge during deliberations is proper). 3 Smith v. State, 288 Ga. 348, 350 (3) ( 703 SE2d 629 ) (2010) (citation and punctuation omitted). 4 Ottis v. State, 271 Ga. 200, 201 (3) ( 517 SE2d 525 ) (1999) (footnote omitted). 5 See Smith, supra; see generally Martin v. State, 271 Ga. 301, 306 (3) ( 518 SE2d 898 ) (1999) (noting that, where jury requests further instructions upon a particular phase of the case, trial court in its discretion may recharg…
discussed Cited as authority (rule) Boatright v. State
Ga. · 2011 · confidence medium
“A conviction in a criminal case will not be reversed when it is highly probable that an erroneous jury instruction did not contribute *602 to the verdict. [Cit.]” Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995).
discussed Cited as authority (rule) Davis v. State (2×)
Ga. · 2009 · confidence medium
This brief mention of party to a crime within the alibi instruction “appears to be no more than a passing general reference . . . .” Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995).
examined Cited as authority (rule) Miller v. State (4×) also: Cited "see"
Ga. Ct. App. · 2006 · confidence medium
Thus, any error in this charge cannot now be relied upon to seek a reversal.” (Citation and punctuation omitted.) Francis, supra, 266 Ga. at 72 (3).
discussed Cited as authority (rule) Floyd v. State
Ga. Ct. App. · 2006 · confidence medium
Andrews, P. J., and Mikell, J., concur. 1 See OCGA § 16-3-24 (a); Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, p. 166, § 3.04.10 (3d ed. 2005) (defense of property). 2 219 Ga. App. 481 ( 465 SE2d 529 ) (1995). 3 Lane v. State, 268 Ga. 678, 680 (2) ( 492 SE2d 230 ) (1997) (citation, punctuation and emphasis omitted). 4 See id. 5 See Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995). 6 Altman v. State, 229 Ga. App. 769, 771-772 (6) ( 495 SE2d 106 ) (1997) (citations and punctuation omitted). 7 See Francis, supra. 8 See OCGA § 5-5-24 (b) (requiring a trial court to …
cited Cited as authority (rule) Young v. State
Ga. Ct. App. · 2005 · confidence medium
“The giving of an unauthorized charge on an unavailable method of impeachment is generally harmless error. [Cits.]” Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995).
discussed Cited as authority (rule) McCannon v. Wilson (2×)
Ga. Ct. App. · 2004 · confidence medium
The giving of an unauthorized charge on *818 an unavailable method of impeachment is generally harmless error.” (Citations omitted.) Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995).
discussed Cited as authority (rule) Starks v. State
Ga. Ct. App. · 2003 · confidence medium
“The prohibition against the State’s introduction of character evidence unless and until the defendant places his own character into issue does not preclude use of evidence to disprove facts testified to by the defendant.” (Citation and punctuation omitted.) Francis v. State, 266 Ga. 69, 71 (2) ( 463 SE2d 859 ) (1995); see Jones v. State, 257 Ga. 753, 759 (1) (b) ( 363 SE2d 529 ) (1988).
discussed Cited as authority (rule) Burns v. State
Ga. Ct. App. · 2000 · confidence medium
Id. at 699-700 . 8 See Johnson v. State, 236 Ga. App. 252, 255-256 (3) ( 511 SE2d 603 ) (1999). 9 See Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995) (criminal conviction “will not be reversed when it is highly probable that an erroneous jury instruction did not contribute to the verdict”). 10 See Stubbs v. State, 265 Ga. 883, 886, n. 5 ( 463 SE2d 686 ) (1995) (“a defendant’s confession is direct evidence”); Bighorn v. State, 222 Ga. App. 353, 354 ( 474 SE2d 254 ) (1996) (confession is not circumstantial evidence); Cooper v. State, 256 Ga. 234, 236 (3) ( 347 SE2d 553 ) (…
discussed Cited as authority (rule) Smith v. State
Ga. · 2000 · confidence medium
The appeal was submitted for decision on briefs on May 29, 2000. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Count 1 was the malice murder count of the indictment, and the trial court charged the jury that on that count, it could consider the offense of voluntary manslaughter. 4 In this regard, the court reporter certified the tried transcript, including the exhibits, on September 1, 1999, and the hearing on Smith’s motion for new trial was not held until November 8, 1999. 5 Turpin v. Todd, 271 Ga. 386, 391 ( 519 SE2d 678 ) (1999). 6 Burtts v. State, 269 Ga. 402,…
discussed Cited as authority (rule) Metheny v. State
Md. · 2000 · confidence medium
In Francis v. State, the Supreme Court of Georgia held that: Where, as here, the evidence is sufficient to authorize a finding that the theft was completed after force was employed against the victim, a conviction for armed robbery is authorized "`regardless of when the intent to take the victim's [property] arose, regardless of whether the victim was incapacitated and even if the victim had been killed instantly ...'" [I]f the evidence authorizes a finding that the defendant "first killed the victim and then took" the victim's property, he "would be guilty of armed robbery ..." Construing the…
cited Cited as authority (rule) Scott v. State
Ga. Ct. App. · 2000 · confidence medium
Francis v. State, 266 Ga. 69, 71 (2) ( 463 SE2d 859 ) (1995).
cited Cited as authority (rule) Crowder v. State
Ga. Ct. App. · 2000 · confidence medium
(Citations and punctuation omitted; emphasis in original.) Francis v. State, 266 Ga. 69, 70-71 (1) ( 463 SE2d 859 ) (1995).
cited Cited as authority (rule) Bowers v. State
Ga. Ct. App. · 1999 · confidence medium
Francis v. State, 266 Ga. 69, 71 (2) ( 463 SE2d 859 ) (1995).
cited Cited as authority (rule) Green v. State
Ga. Ct. App. · 1999 · confidence medium
Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995).
cited Cited as authority (rule) Hardy v. State
Ga. Ct. App. · 1999 · confidence medium
Giving “an unauthorized charge on an unavailable method of impeachment is generally harmless error. [Cits.]” Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995).
discussed Cited as authority (rule) Cross v. State
Ga. · 1999 · confidence medium
What is more, “[i]t is well-settled that a defendant commits a robbery if he kills the victim first and then takes the victim’s property.” Lee v. State, 270 Ga. 798, 801 (5) ( 514 SE2d 1 ) (1999); Francis v. State, 266 Ga. 69, 70-71 (1) ( 463 SE2d 859 ) (1995); Crowe v. State, 265 Ga. 582, 594 (21) ( 458 SE2d 799 ) (1995); Prince v. State, 257 Ga. 84, 85-86 (1) ( 355 SE2d 424 ) (1987).
cited Cited as authority (rule) Walker v. State
Ga. · 1999 · confidence medium
Francis v. State, 266 Ga. 69, 70 ( 463 SE2d 859 ) (1995).
discussed Cited as authority (rule) Lee v. State (2×)
Ga. · 1999 · confidence medium
Francis v. State, 266 Ga. 69, 70-71 (1) ( 463 SE2d 859 ) (1995); Crowe v. State, 265 Ga. 582, 594 (21) ( 458 SE2d 799 ) (1995); Prince v. State, 257 Ga. 84, 85-86 (1) ( 355 SE2d 424 ) (1987).
discussed Cited as authority (rule) Hudson v. State (2×)
Ga. Ct. App. · 1998 · confidence medium
“Where, as here, the evidence is sufficient to authorize a finding that the theft was completed after force was employed against the victim, a conviction for armed robbery is authorized regardless of when the intent to take the victim’s property arose, regardless of whether the victim was incapacitated and even if the victim had been killed instantly.” (Citations and punctuation omitted; emphasis in original.) Francis v. State, 266 Ga. 69, 70-71 ( 463 SE2d 859 ) (1995). (b) Contrary to Hudson’s contentions otherwise, this Court’s holding in Lowery v. State, supra, is applicable herei…
cited Cited as authority (rule) Lucas v. State
Ga. Ct. App. · 1998 · confidence medium
Francis v. State, 266 Ga. 69, 71 (2) ( 463 SE2d 859 ) (1995).
discussed Cited as authority (rule) Rogers v. State
Ga. Ct. App. · 1998 · confidence medium
Francis v. State, 266 Ga. 69, 70 (1) ( 463 SE2d 859 ) (1995). 1 Our cases have consistently held that this is true “‘regardless of when the intent to take the victim’s [property] arose, regardless of whether the victim was incapacitated and even if the victim had been killed instantly.’ (Cit.)” Davis v. State, 255 Ga. 588, 593 (3) (b) ( 340 SE2d 862 ) (1986).
discussed Cited as authority (rule) Reeves v. State
Ga. Ct. App. · 1998 · confidence medium
Reeves first argues that the trial court erred in refusing to direct a verdict on the charge of armed robbery because his violent attack on the victim was “based solely on jealousy.” “Where, as here, the evidence is sufficient to authorize a finding that the theft was completed after force was employed against the victim, a conviction for armed robbery is authorized regardless of when the intent to take the victim’s property arose, regardless of whether the victim was incapacitated and even if the victim had been killed instantly.” (Citations, punctuation and emphasis omitted.) Franc…
discussed Cited as authority (rule) Wynn v. State
Ga. Ct. App. · 1997 · confidence medium
“Where, as here, the evidence is sufficient to authorize a finding that the theft was completed after force was employed against the victim, a conviction for armed robbery is authorized. . . .” (Emphasis in original.) Francis v. State, 266 Ga. 69, 70 ( 463 SE2d 859 ) (1995) (finding that the defendant was guilty of armed robbery for a theft that occurred immediately after he had killed the victim); see also Jackson v. Virginia, supra. 2.
discussed Cited as authority (rule) Childress v. State
Ga. · 1996 · confidence medium
After many years of marriage, Patrick had only recently made her the beneficiary. 23 See Meschino v. State, 259 Ga. 611, 614 ( 385 SE2d 281 ) (1989). 24 See Francis v. State, 266 Ga. 69, 71 ( 463 SE2d 859 ) (1995). 25 See Fugitt v. State, 256 Ga. 292, 295 ( 348 SE2d 451 ) (1986). 26 By admitting Giese’s testimony after Childress testified, without requiring Childress to recall Jolene, the trial court appears to have conceded that the defense did not have to lay a foundation for admission of the evidence pursuant to OCGA § 24-9-83. 27 406 U. S. 605 (92 SC 1891, 32 LE2d 358) (1972). 28 Id. at…
examined Cited "see" Waller v. State (4×)
Ga. · 2021 · signal: see · confidence high
See Francis v. State, 13 266 Ga. 69, 71 (1) (463 SE2d 859) (1995) (citing Jackson, 443 U. S. at 319). (b) Appellant also contends that the evidence was insufficient to support his convictions generally because (1) none of the witnesses at the park identified Appellant as the person who shot Dicks or as the second man they saw at the scene; (2) no physical evidence existed connecting Appellant to the crimes; and (3) there was insufficient evidence to show that Appellant was the person known as “Spoonk.” We disagree.
discussed Cited "see" Jonathan Robinson v. State (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995) (finding no reversible error when the jury was instructed with an unauthorized charge on impeachment by conviction of a crime of moral turpitude when the charge at question “appears to be no more than a passing general reference],” and was “one of a number of stated methods of impeachment”). 21 Further, we cannot say that the trial court’s erroneous charge altered Robinson’s verdict.
discussed Cited "see" Robinson v. the State (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995) (finding no reversible error when the jury was instructed with an unauthorized charge on impeachment by conviction of a crime of moral turpitude when the charge at question “appears to be no more than a passing general reference,” and was “one of a number of stated methods of impeachment”).
discussed Cited "see" Conn v. State (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Riggins v. State, 279 Ga. 407, 409 (2), n. 2 (614 SE2d .70) (2005). 20 Hawes v. State, 266 Ga. 731, 733-734 (3) ( 470 SE2d 664 ) (1996) (punctuation and footnote omitted). 21 See Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995). 22 See In the Matter of Threlkeld, 273 Ga. 331 ( 539 SE2d 823 ) (2001). 23 Robinson v. State, 278 Ga. 31, 34 (3) ( 597 SE2d 386 ) (2004) (citations and punctuation omitted). 24 Id. (citation omitted).
discussed Cited "see" Marshall v. State (2×)
Ga. · 2002 · signal: see · confidence high
See Johnson v. State, 260 Ga. 457 ( 396 SE2d 888 ) (1990). 15 See OCGA § 16-8-7 (a). 16 See Francis v. State, 266 Ga. 69, 71 ( 463 SE2d 859 ) (1995) (defendant implied that he had only one prior weapons offense conviction and testified that he had never owned a gun; trial court did not err in permitting the State to introduce a second weapons offense conviction as impeachment evidence). 17 Miller v. State, 267 Ga. 92 ( 475 SE2d 610 ) (1996). 18 Strickland, v. Washington, 466 U. S. 668, 687-688 (104 SC 2052, 80 LE2d 674) (1984). 19 Id. 20 See Division 7, supra. 21 See Stephens v. State, 265 Ga…
discussed Cited "see" Jones v. State (2×)
Ga. Ct. App. · 2002 · signal: see · confidence high
See Francis v. State, 266 Ga. 69, 71 (2) ( 463 SE2d 859 ) (1995).
discussed Cited "see" Hampton v. State (2×)
Ga. · 2000 · signal: see · confidence high
See Francis v. State, 266 Ga. 69, 70-71 (1) ( 463 SE2d 859 ) (1995). 2.
discussed Cited "see, e.g." Flowers v. State (2×)
Ga. · 2018 · signal: see also · confidence medium
See also Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995).
discussed Cited "see, e.g." Flowers v. State (2×)
Ga. · 2018 · signal: see also · confidence low
See also Francis v. State , 266 Ga. 69 , 72 (3), 463 S.E.2d 859 (1995).
discussed Cited "see, e.g." Jones v. State (2×)
Ga. · 2018 · signal: see also · confidence medium
See also Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995).
discussed Cited "see, e.g." Jones v. State (2×)
Ga. · 2018 · signal: see also · confidence medium
See also Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995).
discussed Cited "see, e.g." Hester v. State (2×)
Ga. · 2007 · signal: see also · confidence low
See also Francis v. State, 266 Ga. 69 (1) ( 463 SE2d 859 ) (1995) (conviction for armed robbery authorized where theft was completed after force was used against the victim). *241 Accordingly, a directed verdict of acquittal was not authorized.
discussed Cited "see, e.g." State v. Allen (2×)
Md. · 2005 · signal: see also · confidence low
See also Francis v. State, 266 Ga. 69 , 463 S.E.2d 859, 860-61 (1995).
discussed Cited "see, e.g." Abernathy v. State (2×)
Ga. Ct. App. · 2001 · signal: see also · confidence medium
See also Pittman v. State, 273 Ga. 849, 850, n. 2 ( 546 SE2d 277 ) (2001). 5 Francis v. State, 266 Ga. 69, 72 (3) ( 463 SE2d 859 ) (1995). 6 Hardy v. State, 240 Ga. App. 115, 119-120 (6) ( 522 SE2d 704 ) (1999). 7 Bryant v. State, 271 Ga. 99, 101 (4) ( 515 SE2d 836 ) (1999). 8 See generally Whiting v. State, 269 Ga. 750, 752 (2) (a) ( 506 SE2d 846 ) (1998) (finding that trial court “fairly instructed the jury on the State’s burden, as well as that facts and circumstances merely casting grave suspicion upon the defendant or merely raising speculation or conjecture of the defendant’s guilt…
discussed Cited "see, e.g." Oliver v. State (2×)
Ga. Ct. App. · 1998 · signal: compare · confidence medium
Kayser, Assistant District Attorneys, for appellee. 1 Grant v. State, 195 Ga. App. 463, 464 ( 393 SE2d 737 ) (1990); see also Jackson v. Virginia, 443 U. S. 307, 319 (99 SC 2781, 61 LE2d 560) (1979). 2 OCGA § 17-9-1 (a). 3 Garrett v. State, 184 Ga. App. 715, 716 (3) ( 362 SE2d 423 ) (1987), citing Humphrey v. State, 252 Ga. 525, 527 (1) ( 314 SE2d 436 ) (1984). 4 Jackson v. Virginia, supra; Adams v. State, 255 Ga. 356, 357 ( 338 SE2d 860 ) (1986). 5 OCGA § 16-8-41. 6 Hicks v. State, 232 Ga. 393, 403 ( 207 SE2d 30 ) (1974). 7 (Punctuation omitted.) Lowery v. State, 209 Ga. App. 5, 6 (1) ( 432…
Francis
v.
the State
S95A1405.
Supreme Court of Georgia.
Nov 6, 1995.
463 S.E.2d 859
Dwight L. Thomas, for appellant., J. Tom Morgan, District Attorney, Robert M. Coker, Thomas S. Clegg, Assistant District Attorneys, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Marla-Deen Brooks, Assistant Attorney General, for appellee.
Carley.
Cited by 60 opinions  |  Published
4 passages pin-cited by 4 cases
Pinpoint authority: #9,396 of 633,719
Citer courts: Supreme Court of Georgia (2) · Court of Appeals of Georgia (1) · Mississippi Supreme Court (1)
Carley, Justice.

Lebert Francis and co-defendant Neville Nicholson were tried before a jury and found guilty of two offenses: felony murder while in the commission of an aggravated assault; and, armed robbery. They filed separate notices of appeal and this case is Francis’ appeal from the judgment of conviction and life sentences entered by the trial court on the jury’s guilty verdicts. The appeal of the co-defendant is[*70] Nicholson v. State, 265 Ga. 711 (462 SE2d 144) (1995). [1]

1. The victim was a drug dealer from whom Francis arranged to purchase marijuana. Francis and Nicholson borrowed a white Chevrolet to drive to the meeting with the victim. Both were armed. Later that evening, residents of an apartment complex heard gunshots in the parking lot and observed two men, one of whom was carrying a gun and a cellular phone, run to the white Chevrolet and drive away. One of these witnesses identified Nicholson from a photographic display and, at trial, identified Francis and Nicholson as the two men she saw fleeing the scene. Although the victim was armed and apparently shot at his assailants, he was fatally struck by three bullets. The bullets which killed the victim were identified as having been fired from a gun which was in Francis’ possession on the night of the crimes. When Francis and Nicholson returned the borrowed white Chevrolet, it contained bullet holes and its back window was shot out. They had the victim’s cellular phone in their possession and acknowledged to friends that they had been in a shootout. When Nicholson was arrested on an unrelated charge, he was in possession of a pager belonging to the victim.

On this evidence, Francis does not contend that his conviction for felony murder while in the commission of an aggravated assault is unauthorized. The only contention is that this evidence does not authorize his armed robbery conviction because there is no evidence excluding the possibility that the victim’s cellular phone and pager were taken only after he had been killed. However, this contention “incorrectly assumes that one cannot rob a dead victim. [Cit.]” Crowe v. State, 265 Ga. 582, 594 (21) (458 SE2d 799) (1995). See also Prince v. State, 257 Ga. 84, 85 (1) (355 SE2d 424) (1987); Young v. State, 251 Ga. 153, 156 (3) (303 SE2d 431) (1983).

Francis’ reliance upon Miles v. State, 261 Ga. 232, 234 (1) (403 SE2d 794) (1991) and Hicks v. State, 232 Ga. 393, 402-403 (207 SE2d 30) (1974) is misplaced. In those cases, the evidence failed to exclude the possibility that the theft had been completed before any force was employed against the victim. Where, as here, the evidence is sufficient to authorize a finding that the theft was completed after force was employed against the victim, a conviction for armed robbery is authorized “ ‘regardless of when the intent to take the victim’s [property] arose, regardless of whether the victim was incapacitated and even if the victim had been killed instantly. (Cit.)’ [Cit.]” Davis v. [*71] State, 255 Ga. 588, 593 (3) (b) (340 SE2d 862) (1986). Thus, as was recognized in Miles, supra at 235 (1), if the evidence authorizes a finding that the defendant “first killed the victim and then took” the victim’s property, he “would be guilty of armed robbery. [Cit.]” Construing the evidence most strongly in favor of the State, it was sufficient to authorize a rational trier of fact to find proof of Francis’ guilt of armed robbery, as well as felony murder, beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. On direct examination, Francis admitted that he previously “got in a little problem” for which he was placed on probation. However, he denied owning a gun and volunteered that, “[i]n fact,” he “was advised to stay away from pistols.” When Francis was then asked who had advised him to do so, he replied: “When I got in trouble the first time. They told me [to] stay away from pistol[s]. . . . I try my best to stay away from pistol [s], you know, don’t want to get myself in no trouble. I had a career in front of me, you know what I am saying.” On cross-examination, the State was allowed to show that the “little problem” for which Francis was placed on probation was commission of a weapons offense in Florida and to show that, thereafter, he had been convicted in DeKalb County for another weapons offense. Francis urges that, in allowing the State to prove his prior convictions, the trial court erred.

Because Francis admitted on direct examination experiencing a “little problem” for which he was placed on probation, he “raised an issue which may be fully explored by the State on cross-examination. [Cit.]” Jones v. State, 257 Ga. 753, 759 (1) (b) (363 SE2d 529) (1988). Thus, the trial court correctly allowed the State to show that Francis’ previous “little problem” consisted of a weapons conviction in Florida.

Because Francis further implied on direct examination that this was his only conviction for a weapons offense, his testimony in this regard was subject to rebuttal by proof of other weapons offenses he had committed and the trial court therefore properly admitted Francis’ DeKalb County conviction for impeachment purposes pursuant to OCGA § 24-9-82. Jones v. State, supra at 759 (1) (b). The prohibition against the State’s introduction of character evidence unless and until the defendant places his own character into issue “does not preclude use of . . . evidence to disprove facts testified to by the defendant.” State v. Byrd, 255 Ga. 665, 666 (341 SE2d 455) (1986).

3. In its general charge on the various methods of impeachment, the trial court included a reference to impeachment pursuant to OCGA § 24-9-84 by proof of a witness’ conviction of an offense involving moral turpitude. However, the only certified copies of prior convictions that were admitted into evidence were those of Francis. Fran[*72] cis’ prior Florida conviction was not admissible for any impeachment purpose since he had admitted that conviction and his prior DeKalb County conviction was admissible only for impeachment pursuant to OCGA § 24-9-82. A defendant’s general bad character and prior convictions of crimes involving moral turpitude cannot constitute impeaching evidence pursuant to OCGA § 24-9-84 unless and until the defendant puts his own character into issue. State v. Byrd, supra at 666. Since Francis had not placed his own character into issue, his prior convictions were not admissible as impeachment evidence pursuant to OCGA § 24-9-84 and the charge on that method of impeachment should not have been given. Howard v. State, 202 Ga. App. 574 (415 SE2d 45) (1992).

It does not follow, however, that the giving of this charge mandates a reversal. The giving of an unauthorized charge on an unavailable method of impeachment is generally harmless error. Newmans v. State, 65 Ga. App. 288, 291 (16 SE2d 87) (1941). See also Southern R. Co. v. O’Bryan, 119 Ga. 147, 151 (2) (45 SE 1000) (1903). A conviction in a criminal case will not be reversed when it is highly probable that an erroneous jury instruction did not contribute to the verdict. Hill v. State, 155 Ga. App. 718, 719 (1) (272 SE2d 508) (1980).

A review of the charge as a whole shows that, immediately following the reference to impeachment pursuant to OCGA § 24-9-84, the jury was given extensive instructions which elaborated on principles applicable to impeachment by other methods including impeachment pursuant to OCGA § 24-9-82, which was properly given as to Francis. Proof of a prior conviction of a crime of moral turpitude was never again specifically addressed in the trial court’s charge. Thus, the charge on impeachment pursuant to OCGA § 24-9-84 appears to be no more than a passing general reference, followed by extensive instructions as to other methods of impeachment. Under these circumstances, the contested portion of the charge was at most merely irrelevant, being one of a number of stated methods of impeachment. Thus, taking the charge as a whole, there was no reversible error. Sultenfuss v. State, 185 Ga. App. 47, 51 (4) (363 SE2d 337) (1987). Moreover, the record shows that Francis requested the pattern charge on impeachment which included the very language he now challenges. Thus, any error in this charge “cannot now be relied upon to seek a reversal.” Brown v. State, 262 Ga. 833, 834 (4) (426 SE2d 559) (1993). Finally, we find that the evidence of Francis’ guilt was overwhelming. Howard v. State, supra at 576. Accordingly, the charge is harmless error and affords no basis for reversing Francis’ convictions.

Judgments affirmed.

All the Justices concur. [*73] Decided November 6, 1995 — Reconsideration denied December 14, 1995. Dwight L. Thomas, for appellant. J. Tom Morgan, District Attorney, Robert M. Coker, Thomas S. Clegg, Assistant District Attorneys, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Marla-Deen Brooks, Assistant Attorney General, for appellee.
1

The crimes were committed on October 11,1991 and the indictments were returned on January 24, 1992. The judgments of conviction and sentences were entered on June 5, 1992. The motion for new trial was filed on June 9,1992 and denied on April 5,1995. The notice of appeal was filed on May 4, 1995 and the appeal was docketed in this Court on June 22, 1995. The case was submitted for decision on July 24, 1995.