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Arnold v. State

Court of Appeals of Georgia
Sep 8, 1976
139 Ga. App. 594 (Ga. Ct. App. 1976)

Opinion

52338.

SUBMITTED JULY 14, 1976.

DECIDED SEPTEMBER 8, 1976. REHEARING DENIED SEPTEMBER 22, 1976.

Forgery. Clarke Superior Court. Before Judge Barrow.

Guy B. Scott, Jr., for appellant. Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.


1. The instruction complained of in the first enumeration was approved in Hudson v. State, 108 Ga. App. 192 (4) ( 132 S.E.2d 508). To the same effect see Gainey v. State, 132 Ga. App. 870 (4) ( 209 S.E.2d 687); Walker v. State, 132 Ga. App. 274 (5) ( 208 S.E.2d 5); Jester v. State, 131 Ga. App. 269 (2) ( 205 S.E.2d 444).

2. It was not error, especially in the absence of objection, to allow in evidence five exhibits offered by the state. These exhibits were checks containing the known handwriting of the defendant, the check in question, latent fingerprints on the check, fingerprints of the defendant, and a statement from the Federal Bureau of Investigation regarding the writing and fingerprints. The latter was stipulated in evidence as being what the expert would testify to if he were present, and the court correctly instructed the jury that no further proof of that fact would be necessary. No error appears.

3. Where the error, if one appears, is both technical in nature and harmless, it will not work reversal. Maddox v. City of Eatonton, 8 Ga. App. 817 ( 70 S.E. 214). The transcript in this case is apparently afflicted by a high incidence of pronoun errors; assuming that the sentence attributed to the court complained of here is correct, it is meaningless; if incorrect there is no way of knowing what was intended. The case will not be reversed on this ground.

4. The evidence amply supports the verdict finding the defendant guilty of the forgery.

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


SUBMITTED JULY 14, 1976 — DECIDED SEPTEMBER 8, 1976 — REHEARING DENIED SEPTEMBER 22, 1976 — CERT. APPLIED FOR.


Summaries of

Arnold v. State

Court of Appeals of Georgia
Sep 8, 1976
139 Ga. App. 594 (Ga. Ct. App. 1976)
Case details for

Arnold v. State

Case Details

Full title:ARNOLD v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 8, 1976

Citations

139 Ga. App. 594 (Ga. Ct. App. 1976)
229 S.E.2d 77

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