Gotel v. State

Court of Appeals of Georgia

Gotel v. State

224 S.E.2d 93, 137 Ga. App. 461, 1976 Ga. App. LEXIS 2486

CourtCourt of Appeals of Georgia

DecidedJanuary 30, 1976

Docket51699

StatusPublished

Cited by2 cases

This text of 224 S.E.2d 93 (Gotel 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

Gotel v. State, 224 S.E.2d 93, 137 Ga. App. 461, 1976 Ga. App. LEXIS 2486 (Ga. Ct. App. 1976).

Pincite

Opinion

Deen, Presiding Judge.

1. Where evidence is admitted without objection in the trial court it is too late to urge on appeal that it was prejudicial. Strozier v. State, 231 Ga. 140 (200 SE2d 762).

2. "The trial judge has a wide discretion in the handling of a trial, and we find no error in allowing the State to re-open its case after it has rested to produce further evidence. We find no manifest abuse of discretion in allowing the further evidence.” Mobley v. State, 221 Ga. 716 (4) (146 SE2d 735). The same ruling applies here, where on a trial for escape the warden testified as to the prisoner’s record from his own notes instead of an official copy of the file, which had been forwarded to another correctional institution. The state rested, defense counsel immediately moved for a directed verdict on this ground, and the court recessed for lunch while the record was obtained and allowed its admission in evidence prior to the presentation of the defense. No error appears.

3. The general grounds are without merit.

Judgment affirmed.

Quillian and Webb, JJ., concur.

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Deen, Presiding Judge.

1. Where evidence is admitted without objection in the trial court it is too late to urge on appeal that it was prejudicial. Strozier v. State, 231 Ga. 140 (200 SE2d 762).

2. "The trial judge has a wide discretion in the handling of a trial, and we find no error in allowing the State to re-open its case after it has rested to produce further evidence. We find no manifest abuse of discretion in allowing the further evidence.” Mobley v. State, 221 Ga. 716 (4) (146 SE2d 735). The same ruling applies here, where on a trial for escape the warden testified as to the prisoner’s record from his own notes instead of an official copy of the file, which had been forwarded to another correctional institution. The state rested, defense counsel immediately moved for a directed verdict on this ground, and the court recessed for lunch while the record was obtained and allowed its admission in evidence prior to the presentation of the defense. No error appears.

3. The general grounds are without merit.

Judgment affirmed.

Quillian and Webb, JJ., concur.

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Bluebook (online)

224 S.E.2d 93, 137 Ga. App. 461, 1976 Ga. App. LEXIS 2486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gotel-v-state-gactapp-1976.

Opinion

3. The general grounds are without merit.

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