Bennettv.The State
Archie Bennett was convicted of felony murder, arson, and concealing the death of his former wife after she was shot and the mobile home where her body was found was set on fire. On appeal, Bennett argued that the trial court improperly excluded evidence that drugs were found in the victim’s system and that the record failed to show his presence at several points during trial. The Supreme Court of Georgia affirmed. Evidence of the victim’s drug use was properly excluded because Bennett offered no competent evidence showing that the drugs affected her behavior during the fatal encounter or supported his theory of provocation. The trial transcript showed that Bennett was present on each day of trial, counsel answered ready after the challenged recesses, and a witness identified him in the courtroom. The Court applied the presumption that court proceedings were conducted according to law and found no affirmative evidence that Bennett was absent during a critical stage. All Justices participating in the case agreed with the judgment.
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