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Eady v. State

200 S.E.2d 767, 129 Ga. App. 656, 1973 Ga. App. LEXIS 1101
CourtCourt of Appeals of Georgia
DecidedSeptember 17, 1973
Docket48476
StatusPublished
Cited by6 cases

This text of 200 S.E.2d 767 (Eady 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.

Bluebook
Eady v. State, 200 S.E.2d 767, 129 Ga. App. 656, 1973 Ga. App. LEXIS 1101 (Ga. Ct. App. 1973).

Opinion

Stolz, Judge.

The defendant appeals from his conviction of the offense of aggravated assault. Held:

1. The trial judge did not err in overruling the defendant’s motion for continuance based upon the absence of a material witness for whom a subpoena was not issued by the defendant until the morning the trial was to begin and who had not been served therewith at the time the motion was made. See Code Ann. § 81-1410 (Ga. L. 1959, p. 342); Code § 27-2002; Code Ann. § 38-801 (a, c, e, f) (Ga. L. 1966, p. 502; 1968, pp. 434, 435; 1968, p. 1200).

2. There was no error in allowing a witness for the state, a detective major of the Griffin Police Department, to remain in the courtroom to assist in the prosecution of the case after testifying. Fountain v. State, 228 Ga. 306 (3) (185 SE2d 62) and cits.

3. Enumerated errors 7 and 8 are without merit.

4. The trial judge did not err in overruling the defendant’s amended motion for new trial.

Judgment affirmed.

Eberhardt, P. J., and Pannell, J., concur. *657 Beck, Goddard, Owen & Murray, Howard P. Wallace, for appellant. Ben J. Miller, District Attorney, for appellee.

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Bluebook (online)
200 S.E.2d 767, 129 Ga. App. 656, 1973 Ga. App. LEXIS 1101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eady-v-state-gactapp-1973.