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Gorman v. State

The trial court properly denied the defendants' motion for a mistrial because defense counsel had opened the door to the complained-of testimony, which the court had previously ruled inadmissible, when counsel took chances in asking the witness on cross-examination a series of questions that could elicit damaging answers.

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After being tried together, Bryan Garrard Gorman “Garrard Gorman” and his nephew Bryan Jude Gorman “Jude Gorman” were convicted of burglary.1 They filed a single notice of appeal from the order denying their motions for new trial. In their joint brief, they contend that the trial court erred by denying their motions for directed verdicts of acquittal, commenting on the evidence, limiting cross-examination by defense counsel, and denying their motion for mistrial after a witness gave testimony that the court had previously ruled inadmissible. Because no reversible error has been shown, we affirm.

1. OCGA § 16-7-1 a pertinently provides that a person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another.2 The indictment alleged that Garrard Gorman and Jude Gorman, acting together and as parties to the crime, unlawfully, without authority and with the intent to commit a theft therein, entered the dwelling house of another. Garrard Gorman and Jude Gorman contend that the trial court erred in denying their motions for directed verdicts of acquittal3 because the state failed to prove identity and intent to commit theft.

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