Georgia Court Of Appeals, (February 06, 1991)
Docket number: A90A1891
DECIDED
COOPER, Judge. - DECIDED
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http://vlex.com/vid/neal-v-the-state-20444101
Id. vLex: VLEX-20444101
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U.S. Supreme Court - Jackson v. Virginia, 443 U.S. 307 (1979)
Supreme Court of Georgia - RANGER v. THE STATE., 249 Ga. 315, 290 S.E.2.d 63
Georgia Court Of Appeals - Givens v. The State., 199 Ga. App. 709, 405 S.E.2d 898 (1991)
Hugh J. McCullough, for appellant.
Following a jury trial, appellant was found guilty of aggravated assault by assaulting the victim with the intent to rape.The victim worked as a counselor at the Georgia State Prison in Reidsville, Georgia. While she was in her office one morning, appellant, an inmate, appeared in her doorway with a "wild" look on his face. Appellant came in, shut and locked the door, and said to the victim: "I want your p---y." Appellant repeated his demand and refused to leave the victim's office. When the victim picked up the telephone to call for help, appellant ripped the telephone from her hand and threw it against the wall. The victim began to scream and appellant grabbed her around the throat with one hand, put the other hand between her legs and pushed the victim into her chair. The victim screamed again, and appellant got up and told the victim: "Go ahead and call for help." The victim was able to call for an officer, who came and escorted appellant out of her office.1. In his first enumeration of error, appellant contends that the trial court erred in denying his motion for mistrial after the prosecutor stated during closing argument: "Now, there's not but two people in this world who knows exactly what went on in that room that day. Cause there wasn't but two people in there. One's Robbin. The other's Ernest Neal." Immediately following the above statement, appellant's counsel moved for a mistrial which was denied by the trial court. Appellant argues that the statement violated his federal and state constitutional rights against self-incrimination as well as OCGATry vLex for FREE for 3 days
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