Foster v. State

Gregory, Justice.

Willie James Foster was convicted of the offenses of murder and armed robbery in a jury trial in Fulton Superior Court. He appeals from the conviction and the denial of his motion for new trial enumerating as error, on due process grounds, the refusal of the trial court to grant a mistrial because one juror slept during part of the court’s charge. Because Foster failed to timely move the court below for relief, we affirm.

On August 25, 1983 Tommie Lee Anderson was killed in her mother’s driveway by a robber using a .38 caliber pistol. Her purse containing approximately $1,000,…