Opinion
40215.
DECIDED OCTOBER 8, 1963. REHEARING DENIED OCTOBER 21, 1963.
Lottery violation. Fulton Superior Court. Before Judge Wood, Emeritus.
Wesley R. Asinof, for plaintiff in error.
William T. Boyd, Solicitor General, John I. Kelley, Solicitor, Eugene L. Tiller, Hinson McAuliffe, James L. Webb, Frank A. Bowers, contra.
In order for an assignment of error on the admission of allegedly inadmissible evidence to be valid it must appear that a specific objection to the evidence was made at the time it was offered, and it must further appear from the assignment of error what the objection was. Virginia Lumber Corp. v. Williamson Tie Co., 55 Ga. App. 410 (1) ( 190 S.E. 202); Holloway v. State, 101 Ga. App. 585 (1) ( 114 S.E.2d 538); Clare v. Drexler, 152 Ga. 419, 420 (5) ( 110 S.E. 176); Crosby v. Rogers, 197 Ga. 616, 621 (1) ( 30 S.E.2d 248); Sides v. State, 213 Ga. 482, 487 (5) ( 99 S.E.2d 884). Accordingly, where the defendant prior to trial made a motion to suppress certain evidence, which motion was overruled, and where thereafter on the trial of the case the evidence was admitted without any objection to its admission being made at that time, assuming, but not deciding that a motion to suppress was a proper remedy to have the evidence excluded, the failure of the defendant to object to the evidence at the time it was actually offered, amounted to a waiver of any objection which he might have had thereto, and the judge of the trial court did not err in admitting the evidence, and the judge of the superior court did not err in overruling the petition for certiorari which assigned error on the overruling of the motion to suppress evidence. Ray v. Wood, 93 Ga. App. 763, 766 (3) ( 92 S.E.2d 820); Morris v. State, 200 Ga. 471, 480 (1) ( 37 S.E.2d 345).
Judgment affirmed. Nichols, P. J., and Jordan, J., concur.