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Lawskills.com Georgia Caselaw
COPELAND v. THE STATE.
49775.
QUILLIAN, Judge.
Drug violation. Fulton Superior Court. Before Judge Langford.
The defendant was indicted, tried and convicted for the offense of violation of the Uniform Narcotic Drug Act in that he illegally and unlawfully sold cocaine, and was duly sentenced in conformity with the verdict of the jury. His motion for new trial was overruled and an appeal was taken. The Supreme Court has transferred the appeal to this court. Held:
The defendant here attempts to raise the question under this first enumeration of error that the trial judge failed to charge on alibi when alibi was the defendant's sole defense. It is well recognized that the defendant is limited to the grounds of his enumeration of error. Rider v. State, 226 Ga. 14 (2) (172 SE2d 318). See Calhoun v. Patrick, 116 Ga. App. 303 (157 SE2d 31). Under the circumstances here the defendant could not properly urge the issue he seeks to raise for the first time in the argument of his brief.
We further point out that the evidence was not sufficient to require a charge on alibi. The first enumeration of error is without merit.
2. The second enumeration of error contends that the trial court erred in allowing the state to conceal or not to reveal the identity of an informer who was present when the alleged transaction charged against the defendant occurred in violation of the defendant's constitutional rights under the 6th and 14th Amendments to the United States Constitution.
This issue arose when defendant's counsel was cross examining a witness for the state. The following questions and answers were given: "Q. Did your informer see this whole transaction? A. Yes. Q. And who is your informer? A. I can't identify him."
Lewis R. Slaton, District Attorney, Joseph J. Drolet, Donald G. Frost, Joel M. Feldman, Assistant District Attorneys, for appellee.
Jacques O. Partain, III, for appellant.
SUBMITTED OCTOBER 7, 1974 -- DECIDED JANUARY 16, 1975.
Friday May 22 09:55 EDT


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