From Casetext: Smarter Legal Research

Chambers v. State

Court of Appeals of Georgia
Feb 27, 1985
327 S.E.2d 564 (Ga. Ct. App. 1985)

Opinion

69234.

DECIDED FEBRUARY 27, 1985.

Drug violation. Floyd Superior Court. Before Judge Walther.

D. Leon Sproles, for appellant.

F. Larry Salmon, District Attorney, T. Russell McClelland II, Assistant District Attorney, for appellee.


Appellant appeals his conviction of possession of dextropropoxyphene in violation of the Georgia Controlled Substances Act.

A warrant was issued and appellant was arrested for failure to appear in court. When appellant was taken into custody, the police officer observed him trying to conceal dextropropoxyphene and appellant was accordingly indicted. During trial at a bench conference, defense counsel agreed not to object to testimony concerning the warrant if proper curative instructions were given to the jury. The judge, accordingly, gave curative instructions before and after the testimony of the police officer. The police officer then testified without objection from defense counsel that he arrested appellant pursuant to a warrant issued for failure to appear in court.

Appellant's sole enumeration of error is that the trial court erred by allowing the officer to testify that appellant was arrested on a warrant issued for failure to appear in court because it placed his character into issue. Since appellant affirmatively waived any objection to the testimony at a bench conference during trial, any alleged error in permitting such testimony was induced by appellant. When an appellant induces the testimony complained of, he is in no position to complain. Reynolds v. State, 147 Ga. App. 488, 491 (4) ( 249 S.E.2d 305) (1978).

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

DECIDED FEBRUARY 27, 1985.


Summaries of

Chambers v. State

Court of Appeals of Georgia
Feb 27, 1985
327 S.E.2d 564 (Ga. Ct. App. 1985)
Case details for

Chambers v. State

Case Details

Full title:CHAMBERS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 27, 1985

Citations

327 S.E.2d 564 (Ga. Ct. App. 1985)
173 Ga. App. 570

Citing Cases

Gaines v. State

So in both instances the defendant set the stage for use of the word he wished omitted, and he cannot now…