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Grisson v. State

Court of Appeals of Georgia
Dec 5, 1978
251 S.E.2d 383 (Ga. Ct. App. 1978)

Opinion

56838.

SUBMITTED OCTOBER 30, 1978.

DECIDED DECEMBER 5, 1978.

Aggravated assault. Clarke Superior Court. Before Judge Gaines.

Galis, Timmons, Andrews Head, John W. Timmons, Jr., for appellant.

Harry N. Gordon, District Attorney, B. Thomas Cook, Assistant District Attorney, for appellee.


Defendant was convicted of aggravated assault. Held:

1. The trial court did not err in permitting trial defense counsel to stipulate that defendant's out-of-court statement was voluntarily made after having been advised of his rights under the Miranda rule. Objection to a confession may be waived through the failure to object at trial. Reeves v. State, 241 Ga. 44, 45 ( 243 S.E.2d 24). Similarly, a defendant at trial may waive objection by stipulating that an extrajudicial statement was made voluntarily.

2. One of the state's witnesses on cross examination admitted that he had pleaded guilty to a misdemeanor possession of marijuana. The trial court refused on request to charge on impeachment of a witness by showing conviction of a crime involving moral turpitude. A witness cannot be discredited even by his own testimony that he has been convicted; it is necessary to introduce an authenticated copy of the record of the court in which he was convicted. Rewis v. State, 109 Ga. App. 83, 85 ( 134 S.E.2d 875). The record of conviction was not introduced. No error was committed in failing to charge as requested.

Judgment affirmed. Shulman and Birdsong, JJ., concur.

SUBMITTED OCTOBER 30, 1978 — DECIDED DECEMBER 5, 1978.


Summaries of

Grisson v. State

Court of Appeals of Georgia
Dec 5, 1978
251 S.E.2d 383 (Ga. Ct. App. 1978)
Case details for

Grisson v. State

Case Details

Full title:GRISSON v. THE STATE

Court:Court of Appeals of Georgia

Date published: Dec 5, 1978

Citations

251 S.E.2d 383 (Ga. Ct. App. 1978)
251 S.E.2d 383

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