Home/Court of Appeals of Georgia/State v. Smith

State v. Smith

215 S.E.2d 345, 134 Ga. App. 602, 1975 Ga. App. LEXIS 2100
CourtCourt of Appeals of Georgia
DecidedApril 23, 1975
Docket50399
StatusPublished
Cited by42 cases

This text of 215 S.E.2d 345 (State v. Smith) 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
State v. Smith, 215 S.E.2d 345, 134 Ga. App. 602, 1975 Ga. App. LEXIS 2100 (Ga. Ct. App. 1975).

Opinion

Quillian, Judge.

This is an appeal by the state from an order of the trial court sustaining defendant’s motion to suppress evidence seized after arrest of the defendant.

The facts of this case raise only the question of whether the information within the knowledge of the arresting officer was sufficient to establish probable cause for the arrest of the defendant. The state relied upon one witness, whose testimony was vague, equivocal, and self-contradictory. In a motion to suppress, the judge sits as the trier of fact. Kelly v. State, 129 Ga. App. 131 (198 SE2d 910). Credibility of the witness and the weight to be accorded his testimony rests solely with the trier of fact and he is not obligated to believe a witness even though he is not contradicted by other witnesses. Chaffin v. Community Loan &c. Co., 67 Ga. App. 410 (20 SE2d435). He may accept a portion of the testimony of a witness and reject another portion. Garrison v. Garmon, 94 Ga. App. 868, 872 (96 SE2d 550). In essence, credibility and weight, and resolution of conflicts or inconsistencies within the testimony of a witness are matters to be determined by the judge in a motion to suppress. In the absence of evidence of record demanding a finding contrary to the judge’s determination, this court will not reverse the ruling sustaining a motion to suppress.

Judgment affirmed.

Pannell, P. J., and Clark, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Holloway
670 S.E.2d 208 (Court of Appeals of Georgia, 2008)
Nunn v. State
480 S.E.2d 614 (Court of Appeals of Georgia, 1997)
State v. Frye
422 S.E.2d 915 (Court of Appeals of Georgia, 1992)
Thomas v. State
305 S.E.2d 151 (Court of Appeals of Georgia, 1983)
Baker v. State
287 S.E.2d 715 (Court of Appeals of Georgia, 1982)
Ingram v. State
287 S.E.2d 304 (Court of Appeals of Georgia, 1981)
McGee v. State
285 S.E.2d 577 (Court of Appeals of Georgia, 1981)
Loveless v. State
281 S.E.2d 311 (Court of Appeals of Georgia, 1981)
Warren v. State
281 S.E.2d 291 (Court of Appeals of Georgia, 1981)
Sanders v. State
280 S.E.2d 869 (Court of Appeals of Georgia, 1981)
Peterson v. State
279 S.E.2d 493 (Court of Appeals of Georgia, 1981)
James v. State
278 S.E.2d 187 (Court of Appeals of Georgia, 1981)
Mosley v. State
278 S.E.2d 154 (Court of Appeals of Georgia, 1981)
Johnson v. State
276 S.E.2d 667 (Court of Appeals of Georgia, 1981)
Reynolds v. State
274 S.E.2d 679 (Court of Appeals of Georgia, 1980)
Lawson v. State
272 S.E.2d 567 (Court of Appeals of Georgia, 1980)
Rogers v. State
272 S.E.2d 549 (Court of Appeals of Georgia, 1980)
Earley v. State
271 S.E.2d 709 (Court of Appeals of Georgia, 1980)
Townsend v. State
271 S.E.2d 7 (Court of Appeals of Georgia, 1980)
Armour v. State
270 S.E.2d 22 (Court of Appeals of Georgia, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
215 S.E.2d 345, 134 Ga. App. 602, 1975 Ga. App. LEXIS 2100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-gactapp-1975.