HUNSTEIN, Justice.
Appellant Earnest Earl Dailey, Jr. was convicted of felony murder in connection with the death of Jermaine Little. Dailey appeals, contending that the trial court impermissibly commented on the evidence and erred in evidentiary rulings and in refusing to instruct the jury on voluntary manslaughter. We find no merit in these contentions and affirm.
1. Viewed in the light most favorable to the verdict, the evidence presented at trial
2. Dailey contends that the trial court impermissibly commented on the evidence when he disparaged trial counsel in the presence of the jury. During trial counsel's cross-examination of Sergeant William Leisey, the supervising investigator, the prosecutor objected that "pretty much everything [trial counsel] is asking Investigator Leisey is all hearsay." The trial court responded,
Dailey argues that the comment violated OCGA § 17-8-57, which provided that "[i]t is error for any judge in any criminal case, during its progress or in his charge to the jury, to express or intimate his opinion as to what has or has not been proved or as to the guilt of the accused."
3. Dailey challenges the trial court's exclusion of testimony from Sergeant Chris Langford, one of the investigating officers, that one person had failed to identify Dailey from a photographic line-up, asserting that the testimony was admissible under OCGA § 24-8-801(d)(1)(C) (prior statement of witness is not hearsay if declarant testifies and is subject to cross-examination, and if the statement is one of identification of a person). He also argues that the testimony had indicia of reliability and that it was exculpatory evidence that the jury was entitled to hear. The trial court, however, properly sustained the State's hearsay objection to the detective's testimony where it was clear that the individual in question was not going to be called to testify. See, e.g., United States v. Brewer, 36 F.3d 266(C) (2d Cir.1994) (no error to preclude cross-examination of officer regarding non-testifying witnesses' inability to identify defendant from a photo array). To the extent that Dailey seeks to argue that the testimony was admissible under OCGA § 24-8-807 (residual exception to hearsay rule), he failed to make this argument below, instead arguing that the testimony was admissible
4. Dailey contends that the trial court erred in admitting autopsy photographs. However, the medical examiner testified that the photographs showed the internal injuries that caused the victim's death and that were not evident from the pre-incision photographs. This testimony established the relevance of the photographs. See OCGA § 24-4-401; see also Brown v. State, 250 Ga. 862, 867(5), 302 S.E.2d 347 (1983) (holding, under former evidence code, that "[a] photograph which depicts the victim after autopsy incisions are made ... will not be admissible unless necessary to show some material fact which becomes apparent only because of the autopsy"). The fact that Dailey may not have disputed the cause of death did not diminish the relevance of the photographs. See Browner v. State, 296 Ga. 138(3), 765 S.E.2d 348 (2014) (fact that cause of death was undisputed did not render autopsy photographs unnecessary). Additionally, prior to admitting the photographs, the trial court considered whether the probative value of the photographs was substantially outweighed by the danger of unfair prejudice. See OCGA § 24-4-403. Therefore, the trial court did not abuse its discretion in admitting the photographs.
5. Finally, Dailey challenges the trial court's refusal to give his requested charge on voluntary manslaughter. However, a review of the record supports the trial court's conclusion that there was no evidence that the attack was "solely as a result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person," OCGA § 16-5-2(a). At most, the evidence showed that Dailey and the victim argued briefly after Dailey accused the victim of being a thief. It is well-settled that such angry words alone generally are insufficient to incite "serious provocation" within the meaning of OCGA § 16-5-2(a). See Merritt v. State, 292 Ga. 327, 331(2), 737 S.E.2d 673 (2013) ("[a]s a matter of law, angry statements alone ordinarily do not amount to `serious provocation'"); Riggins v. State, 279 Ga. 407(2), 614 S.E.2d 70 (2005) (evidence that defendant and victim argued was insufficient to authorize a charge on voluntary manslaughter). Therefore, the trial court did not err in declining to give the requested instruction.
Judgment affirmed.
All the Justices concur.