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Parrott v. State

Court of Appeals of Georgia
Feb 16, 1978
243 S.E.2d 97 (Ga. Ct. App. 1978)

Opinion

54969.

SUBMITTED JANUARY 3, 1978.

DECIDED FEBRUARY 16, 1978.

Armed robbery. Fulton Superior Court. Before Judge Alverson.

Robert C. Ray, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Donald J. Stein, Assistant District Attorneys, for appellee.


Parrott appeals his armed robbery conviction, enumerating only the general grounds plus one special ground concerning the admission of certain testimony. Finding no reversible error, we affirm.

1. The record reveals testimony by the victim positively identifying Parrott as the perpetrator, and there is further evidence corroborating the victim's account of the alleged robbery. Despite Parrott's sharply contrasting account of the incident, whom to believe was the jury's decision. The evidence authorizing the verdict, we will not disturb it on appeal. Burrell v. State, 140 Ga. App. 900 (1) ( 232 S.E.2d 172) (1977).

2. A particular question asked by the assistant district attorney was objected to on relevancy grounds; the objection was sustained; the assistant district attorney asked the question again; and the witness answered it. No objection was interposed the second time, and there was no motion to strike the answer or grant a mistrial. Without intimating approval of the assistant district attorney's persistence in the face of a sustained objection, we nevertheless must hold that this admission of testimony, without request for any action by the court, presents nothing for review. Allen v. State, 235 Ga. 709, 715 ( 221 S.E.2d 405) (1975).

Judgment affirmed. Deen, P. J., and Banke, J., concur.

SUBMITTED JANUARY 3, 1978 — DECIDED FEBRUARY 16, 1978.


Summaries of

Parrott v. State

Court of Appeals of Georgia
Feb 16, 1978
243 S.E.2d 97 (Ga. Ct. App. 1978)
Case details for

Parrott v. State

Case Details

Full title:PARROTT v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 16, 1978

Citations

243 S.E.2d 97 (Ga. Ct. App. 1978)
243 S.E.2d 97

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