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Morris v. State

Court of Appeals of Georgia
Sep 27, 1976
229 S.E.2d 110 (Ga. Ct. App. 1976)

Opinion

52514.

ARGUED SEPTEMBER 20, 1976.

DECIDED SEPTEMBER 27, 1976.

D. U. I. Clarke State Court. Before Judge Pittard.

Kenneth Dious, for appellant.

Ken Stula, Solicitor, for appellee.


In the defendant's trial for driving under the influence of alcohol, where the judge had sustained the defendant's motion in limine to suppress evidence pertaining to the results of an intoximeter test administered illegally under Code Ann. § 68A-902.1 (a) (3), (4) (Ga. L. 1974, pp. 633, 672) and Nelson v. State, 135 Ga. App. 212 ( 217 S.E.2d 450) (1975), a gratuitous remark by a state witness, unresponsive to the state solicitor's question and revealing the result of the intoximeter test, was not an error serious enough to demand a new trial where the jury was given corrective instructions, there was other evidence of the defendant's intoxication (including his own testimony that he had consumed up to a fifth of wine), and where the defendant failed, upon being given the opportunity, to produce any of the three jurors he alleged had informed him that their verdict had been influenced by the remark.

Accordingly, the denial of the motions for mistrial and new trial were proper.

Judgment affirmed. Bell, C. J., and Clark, J., concur.


ARGUED SEPTEMBER 20, 1976 — DECIDED SEPTEMBER 27, 1976.


Summaries of

Morris v. State

Court of Appeals of Georgia
Sep 27, 1976
229 S.E.2d 110 (Ga. Ct. App. 1976)
Case details for

Morris v. State

Case Details

Full title:MORRIS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 27, 1976

Citations

229 S.E.2d 110 (Ga. Ct. App. 1976)
139 Ga. App. 630

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In view of the nature of the arresting officers' testimony, the intoximeter test was mere "window dressing"…