lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
STULDIVANT v. THE STATE.
A91A1389.
CARLEY, Presiding Judge.
Robbery. Cobb Superior Court. Before Judge White.
Appellant was tried before a jury and found guilty of robbery. He appeals from the judgment of conviction and sentence entered by the trial court on the jury's verdict of guilt.
1. The State called as one of its witnesses the investigating officer to whom appellant had given an inculpatory statement. Before this witness was allowed to testify as to appellant's statement, a Jackson-Denno hearing was held. The trial court ruled that the statement was admissible and, on direct examination, the witness testified to its contents. On cross-examination, appellant's counsel asked what had been meant by the witness' testimony that appellant "appeared" to have understood his constitutional rights. The witness responded that appellant had said "that he had been through this before." Appellant's counsel moved for a mistrial, urging that the testimony was inadmissible on various grounds. The denial of this motion is enumerated as error.
[Cits.]" Adams v. State, supra at 82.
Likewise, a mistrial was not mandated on the ground that the testimony was otherwise inadmissible. " ' "The ground [here] complaining of the admission of certain testimony of a witness for the State is without merit, since the ground discloses that the testimony was elicited from the witness (. . . on cross-examination) by counsel for the movant. Where counsel on the cross-examination of a witness takes a chance by propounding a dangerous question, he will not be heard to object to the answer, no matter how prejudicial it may be, if the answer is a direct and pertinent response to the question." (Cits.)' [Cit.] Since the answer here was responsive to the question propounded by appellant's counsel, the trial court did not err in denying appellant's motion for mistrial on this ground. [Cits.]" (Emphasis in original.) Henson v. State, supra at 212 (2).
2. A sales clerk with personal knowledge of the contents of two sales receipts identified carbon copies of those receipts. These carbon copies were correctly introduced into evidence over appellant's objections. See Millwood v. State, 166 Ga. App. 292, 293-294 (5, 6) (304 SE2d 103) (1983). " 'Duplicate or triplicate originals, made with the same stroke of the pen or typewriter as the original, are admissible as primary evidence. (Cits.)' [Cits.]" Builders Homes of Ga. v. Wallace Pump &c. Co., 128 Ga. App. 779, 782 (4) (197 SE2d 839) (1973).
3. The admission of the entirety of appellant's in-custody inculpatory statement was not error. " ' "It is no valid ground of objection to the admission in evidence of an incriminatory statement or confession made by the accused in a criminal case that the language indicated that the accused had committed also another and separate offense. [Cits.]" [Cit.]' [Cit.]" Lee v. State, 154 Ga. App. 562, 564 (2) (269 SE2d 65) (1980).
Thomas J. Charron, District Attorney, Nancy I. Jordan, Assistant District Attorney, for appellee.
Allison C. Griffin, for appellant.
DECIDED NOVEMBER 25, 1991.
Thursday May 21 10:18 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com