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ANDERSON v. THE STATE.
58704.
DEEN, Chief Judge.
Drug violation. Fulton Superior Court. Before Judge Alverson.
2. During the examination of the police officer who had made the drug purchase, a photograph was shown to and identified by him as "the picture of the person that I bought off of on Dimmock Street the second time. This is what he was wearing." The photograph was relevant to the case in that there was a considerable questioning of the police officer, particularly on cross examination, concerning the officer's recollection of what the defendant had been wearing at the time the sale was made, and also of how this officer (a rookie narcotics man who described the defendant to the two more experienced detectives who actually made the arrest) identified him. The objection urged to this evidence was that it was prejudicial because it identified a man under arrest. This shot was of course made at the time the defendant was arrested and brought in to the police station, and does not suggest that he had suffered prior arrests or convictions for other offenses. Its admission was therefore not reversible error. "The picture of defendant with an identifying number does not indicate that the defendant was guilty of any previous crime and does not place his character in issue." Little v. State, 135 Ga. App. 772 (219 SE2d 19) (1975).
3. The evidence of the arresting officers, although to some extent contradicted, was sufficient to support the conviction, the variances in testimony merely going to the credibility of the witnesses.
Vernon S. Pitts, Jr., for appellant.
ARGUED OCTOBER 3, 1979 -- DECIDED NOVEMBER 9, 1979.
Friday May 22 03:27 EDT


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