From Casetext: Smarter Legal Research

House v. State

Supreme Court of Georgia
Jan 29, 1971
181 S.E.2d 31 (Ga. 1971)

Opinion

26284.

SUBMITTED JANUARY 14, 1971.

DECIDED JANUARY 29, 1971.

Murder. Fulton Superior Court. Before Judge Tanksley.

Glenn Zell, for appellant.

Lewis R. Slaton, District Attorney, Tony H. Hight, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Dorothy T. Beasley, Assistant Attorneys General, for appellee.


The defendant was indicted, tried and convicted of the murder of George Gummersall. His motion for new trial was overruled and the present appeal filed. The sole enumerations of error argued in this court complain of the admission of evidence. Each enumeration of error complains that the trial court erred in admitting evidence for a different reason than that urged on the trial of the case. Held:

1. "`Although there may be a ground of objection to testimony which would have been good if made, yet if the objection made be not good, it will be overruled. Cox v. Cody Co., 75 Ga. 175 (1a).' City of Commerce v. Bradford, 94 Ga. App. 284, 291 ( 94 S.E.2d 160)." Royal Crown Bottling Co. v. Bell, 100 Ga. App. 438, 441 ( 111 S.E.2d 734). See also Anderson v. Jarriel, 224 Ga. 495 ( 162 S.E.2d 322). Accordingly, the arguments raised for the first time after verdict cannot be considered. See Edwards v. State, 224 Ga. 684 ( 164 S.E.2d 120), and the grounds raised upon the trial not being urged before this court present no question for consideration.

2. The remaining enumeration of error not being argued nor insisted upon in this court is deemed abandoned. Smith v. State, 224 Ga. 750 ( 164 S.E.2d 784).

Judgment affirmed. All the Justices concur.

SUBMITTED JANUARY 14, 1971 — DECIDED JANUARY 29, 1971.


Summaries of

House v. State

Supreme Court of Georgia
Jan 29, 1971
181 S.E.2d 31 (Ga. 1971)
Case details for

House v. State

Case Details

Full title:HOUSE v. THE STATE

Court:Supreme Court of Georgia

Date published: Jan 29, 1971

Citations

181 S.E.2d 31 (Ga. 1971)
227 Ga. 257

Citing Cases

Shoemake v. State

]" [Cit.]' [Cits.]" House v. State, 227 Ga. 257 (1) ( 181 S.E.2d 31) (1971). The objection made at trial,…

Watson v. State

Hence, the first enumerated error attempts to raise for the first time a question which was not raised in the…