Cunningham v. State , 221 Ga. App. 341 ( 1996 )

Beasley, Chief Judge,

concurring specially.

I fully concur but believe it important to point out that, although defendant does not cite the Georgia Constitution as support for his position, it applies. The Bill of Rights provides: “nor shall any person be abused in being arrested, while under arrest, or in prison.” Ga. Const. 1983, Art. I, Sec. I, Par. XVII. The court’s charge on excessive force comported with this important right, which guards the lone arrestee from the unnecessary use of the physical power of the State. And the evidence did not, as a matter of law, require a finding of abuse.

Decided May 8, 1996. Adrienne R. McFall, for appellant. Harry N. Gordon, District Attorney, William W. Tanner, Assistant District Attorney, for appellee.