Mallory v. State

198 S.E.2d 677, 230 Ga. 657, 1973 Ga. LEXIS 1021
CourtSupreme Court of Georgia
DecidedMay 31, 1973
Docket27893
StatusPublished
Cited by20 cases

This text of 198 S.E.2d 677 (Mallory v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mallory v. State, 198 S.E.2d 677, 230 Ga. 657, 1973 Ga. LEXIS 1021 (Ga. 1973).

Opinion

Jordan, Justice.

Ivory Mallory appeals the order overruling his motion for new trial, having been convicted and sentenced for robbery and murder. He contends that (1) the trial judge erred in not permitting the defense counsel reasonable latitude in cross examining the widow of the victim, for the purpose of demonstrating her bias or prejudice toward the defendant, and (2) that the trial judge also erred in admitting a confession made to a deputy sheriff. Held:

1. The transcript fails to disclose any ruling by the trial judge which restricted defense counsel in eliciting testimony from the widow of the victim to demonstrate her bias or prejudice toward the defendant.

2. The transcript further reveals that appropriate constitutional safeguards were followed to obtain the *658 confession, and to support its admissibility in evidence. The transcript is silent as to any objection to admissibility at the trial. The defendant will not be heard to complain of admissibility made for the first time in this court. Starr v. State, 229 Ga. 181, 183 (190 SE2d 58).

Argued May 14, 1973 Decided May 31, 1973. Culpepper & Culpepper, Sam Culpepper, for appellant. Fred Hasty, District Attorney, Arthur K. Bolton, Attorney General, Courtney Wilder Stanton, Assistant Attorney General, B. Dean Grindle, Jr., Deputy Assistant Attorney General, for appellee.

3. The appeal is without merit.

Judgment affirmed.

All the Justices concur.

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Cite This Page — Counsel Stack

Bluebook (online)
198 S.E.2d 677, 230 Ga. 657, 1973 Ga. LEXIS 1021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallory-v-state-ga-1973.