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Roseberry v. State

The trial court properly excluded irrelevant testimony from three witnesses regarding the victim's character which defendant offered for the purpose of showing that the victim had been shot for some reason other than a robbery.

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A Newton County jury convicted Tremayne Roseberry of felony murder and armed robbery. Roseberry contends on appeal that the trial court improperly excluded evidence relating to the victim’s character because it would have shown that someone other than Roseberry committed the crimes. We hold that the trial court correctly excluded the evidence offered by Roseberry because Roseberry failed to establish a sufficient factual nexus between the evidence he offered and the proposition for which it was offered. Accordingly, we affirm Roseberry’s conviction.1

1. At trial, the state presented evidence that, between 9:30 and 10:00 p.m. on Thursday, June 12, 1997, two men robbed Harry’s Food Mart “Harry’s”, a convenience-type store in the Springhill area of unincorporated Newton County, and shot the proprietor, Harry Hodges, in the head. Hodges was conscious when the police arrived, and he was taken to the hospital and died a few days later.

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