Brown v. State

Full title: BROWN v. THE STATE

Court: Court of Appeals of Georgia

Date published: May 29, 1970

176 S.E.2d 240 (Ga. Ct. App. 1970)

122 Ga. App. 59

Opinion

45281.

ARGUED APRIL 6, 1970.

DECIDED MAY 29, 1970. REHEARING DENIED JUNE 17, 1970.

Burglary. Gilmer Superior Court. Before Judge Pope.

Robinson, Thompson, Buice Harben, Sam S. Harben, Jr., for appellant.

C. B. Holcomb, District Attorney, for appellee.

BELL, Chief Judge.

Defendant has appealed from his conviction for burglary. The single enumeration of error concerns the admission in evidence of documents showing defendant's conviction of two prior offenses. At the time this evidence was offered objection was made that the documents were "irrelevant and immaterial." Nothing more at trial was urged as to why the challenged evidence was inadmissible and harmful. It has been repeatedly held by the Supreme Court and this court that an objection that evidence is irrelevant and immaterial is insufficient to show reversible error. Pippin v. State, 205 Ga. 316 (6) ( 53 S.E.2d 482); Hogan v. Hogan, 196 Ga. 822 ( 28 S.E.2d 74); Scott v. State, 46 Ga. App. 213 ( 167 S.E. 210); Jackson v. Moultrie Credit Assn., 76 Ga. App. 768 ( 47 S.E.2d 127).

Judgment affirmed. Quillian and Whitman, JJ., concur.

ARGUED APRIL 6, 1970 — DECIDED MAY 29, 1970 — REHEARING DENIED JUNE 17, 1970 — CERT. APPLIED FOR.