Shields v. State

248 S.E.2d 205, 147 Ga. App. 131, 1978 Ga. App. LEXIS 2810
Court of Appeals of Georgia·Decided September 7, 1978·No. 55992·Published·Cited by 3 cases

Opinion

Shulman, Judge.

The sole enumeration of error in this appeal is that the trial court erred by admitting highly prejudicial hearsay testimony to explain conduct without instructing the jury to disregard such testimony for all other purposes.

Unfortunately for appellant, the record shows that no request was made for such instructions. "It is well recognized that when evidence is admitted for one *132 purpose, as it was in the instant case, it is not error for the court to fail to instruct the jury to limit its consideration to the one purpose for which it is admissible, in the absence of a request to so instruct the jury. [Cits.]” Harrell v. State, 241 Ga. 181, 186 (243 SE2d 890). See also Stephens v. State, 144 Ga. App. 779 (2B) (242 SE2d 371); Cochran v. State, 144 Ga. App. 820 (2) (242 SE2d 735).

Submitted May 22, 1978 Decided September 7, 1978. Thomas G. Smith, for appellant. Johnnie L. Caldwell, Jr., District Attorney, Paschal A. English, Jr., J. David Fowler, Assistant District Attorneys, for appellee.

Accordingly, the judgment is not subject to reversal for the reason assigned.

Judgment affirmed.

Bell, C. J., and Birdsong, J., concur.

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Shields v. State, 248 S.E.2d 205, 147 Ga. App. 131, 1978 Ga. App. LEXIS 2810 (Ga. Ct. App. 1978).

248 S.E.2d 205 (Shields v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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