265 Ga. 706 462 S.E.2d 369

S95A0845.

SMITH v. THE STATE.

(462 SE2d 369)

Sears, Justice.

Smith was convicted of felony murder and aggravated assault, *707and sentenced to life imprisonment.1 The evidence adduced at trial supported a finding that Smith strangled his neighbor and co-worker, Ellison Starling, after rendering him unconscious by hitting him over the head. Smith was initially arrested for a different murder, confessed to that particular murder during questioning, and signed a waiver of rights form. Immediately thereafter, Smith confessed to the murder of Starling. Smith contends that the admission into evidence of his signed waiver of rights form with regard to his first confession impermissibly placed his character in issue in the present matter by showing the commission of a different crime. We find that the waiver of rights form was properly admitted as evidence of both the volunta-riness of Smith’s confession to the instant murder and the circumstances of Smith’s arrest. See Parker v. State, 255 Ga. 167, 168 (336 SE2d 242) (1985); Bixby v. State, 234 Ga. 812, 814 (218 SE2d 609) (1975). Thus, its incidental showing of the commission of a different crime did not mandate its exclusion. Bixby, supra.2 After carefully reviewing the record, we find no error in Smith’s remaining enumerations.3

Decided October 2, 1995.

Sarina J. Woods, for appellant.

Lewis R. Slaton, District Attorney, Penny A. Penn, Leonora Grant, Assistant District Attorneys, Michael J. Bowers, Attorney General, for appellee.

Further, we find that the evidence was sufficient to allow a rational trier of fact to find Smith guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

All the Justices concur.

Smith v. State
265 Ga. 706 462 S.E.2d 369

Case Details

Name
Smith v. State
Decision Date
Oct 2, 1995
Citations

265 Ga. 706

462 S.E.2d 369

Jurisdiction
Georgia

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