Chambers v. State

Court of Appeals of Georgia

Chambers v. State

327 S.E.2d 564, 173 Ga. App. 570, 1985 Ga. App. LEXIS 1620

CourtCourt of Appeals of Georgia

DecidedFebruary 27, 1985

Docket69234

StatusPublished

Cited by1 cases

This text of 327 S.E.2d 564 (Chambers v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Chambers v. State, 327 S.E.2d 564, 173 Ga. App. 570, 1985 Ga. App. LEXIS 1620 (Ga. Ct. App. 1985).

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Opinion

Sognier, Judge.

Appellant appeals his conviction of possession of dextropropoxyphene in violation of the Georgia Controlled Substances Act.

A warrant was issued and appellant was arrested for failure to appear in court. When appellant was taken into custody, the police officer observed him trying to conceal dextropropoxyphene and appellant was accordingly indicted. During trial at a bench conference, defense counsel agreed not to object to testimony concerning the warrant if proper curative instructions were given to the jury. The judge, accordingly, gave curative instructions before and after the testimony of the police officer. The police officer then testified without objection from defense counsel that he arrested appellant pursuant to a warrant issued for failure to appear in court.

Appellant’s sole enumeration of error is that the trial court erred by allowing the officer to testify that appellant was arrested on a warrant issued for failure to appear in court because it placed his character into issue. Since appellant affirmatively waived any objection to the testimony at a bench conference during trial, any alleged error in permitting such testimony was induced by appellant. When an appellant induces the testimony complained of, he is in no position to complain. Reynolds v. State, 147 Ga. App. 488, 491 (4) (249 SE2d 305) (1978).

Judgment affirmed.

Deen, P. J., and McMurray, P. J., concur.

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Sognier, Judge.

Appellant appeals his conviction of possession of dextropropoxyphene in violation of the Georgia Controlled Substances Act.

A warrant was issued and appellant was arrested for failure to appear in court. When appellant was taken into custody, the police officer observed him trying to conceal dextropropoxyphene and appellant was accordingly indicted. During trial at a bench conference, defense counsel agreed not to object to testimony concerning the warrant if proper curative instructions were given to the jury. The judge, accordingly, gave curative instructions before and after the testimony of the police officer. The police officer then testified without objection from defense counsel that he arrested appellant pursuant to a warrant issued for failure to appear in court.

Appellant’s sole enumeration of error is that the trial court erred by allowing the officer to testify that appellant was arrested on a warrant issued for failure to appear in court because it placed his character into issue. Since appellant affirmatively waived any objection to the testimony at a bench conference during trial, any alleged error in permitting such testimony was induced by appellant. When an appellant induces the testimony complained of, he is in no position to complain. Reynolds v. State, 147 Ga. App. 488, 491 (4) (249 SE2d 305) (1978).

Judgment affirmed.

Deen, P. J., and McMurray, P. J., concur.

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327 S.E.2d 564, 173 Ga. App. 570, 1985 Ga. App. LEXIS 1620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-v-state-gactapp-1985.

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