Georgia Court Of Appeals, (February 14, 1983)
Docket number: 65368
DECIDED
BIRDSONG, Judge. - DECIDED
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http://vlex.com/vid/bennett-v-the-state-20462099
Id. vLex: VLEX-20462099
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Judgment affirmed. Shulman, C. J., and McMurray, P. J., concur.

Georgia Court Of Appeals - Miller v. The State., 184 Ga. App. 202, 361 S.E.2d 63 (1987)
Georgia Court Of Appeals - Mason v. The State., 175 Ga. App. 497, 333 S.E.2d 694 (1985)
Georgia Court Of Appeals - Dye v. The State., 177 Ga. App. 824, 341 S.E.2d 314 (1986)
Georgia Court Of Appeals - Keri v. The State., 179 Ga. App. 664, 347 S.E.2d 236 (1986)
James W. Howard, for appellant.
Alonzo Bennett was convicted of burglary and sentenced to seven years with five to serve. He brings this appeal enumerating five alleged errors. Held:1. In his first enumeration, Bennett complains that the trial court erred in allowing a state's witness to give an opinion or impression that the appellant intended to steal her purse. Our examination of the transcript compels us to conclude that Bennett has misconceived the purpose of the testimony. In complete context, inasmuch as nothing of value was taken from the house, Bennett's intent for being in the house was very relevant. One of the occupants made the statement that she believed the appellant had come into the house to take her purse. Evidence was offered that it was common knowledge about the neighborhood that the witness often gave money to those who were needy or who had performed personal services for the witness. She also stated that Bennett had been in the house the day before (as he had on many previous occasions) and had observed her when she went to the bedroom and removed some money from her purse. It was then she surmised he had seen her pocketbook and perhaps decided to take it.The trial court admonished the jury that it could not consider her opinion as to the state of mind of the appellant but that she could state her reason why she believed the appellant might have been seeking her pocketbook. Considering the totality of the witness' testimony, there was no error in allowing the witness to give her opinion as to what she thought was the purpose of appellant's illegal entry where the opinion's basis was submitted to the jury for its evaluation and weight. Willis v. State,Try vLex for FREE for 3 days
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