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Higgs v. State

Court of Appeals of Georgia
Dec 3, 1986
351 S.E.2d 523 (Ga. Ct. App. 1986)

Opinion

73560.

DECIDED DECEMBER 3, 1986.

Burglary. Richmond Superior Court. Before Judge Pierce.

Benjamin Allen, for appellant.

Sam B. Sibley, Jr., District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.


Defendant was tried and convicted of burglary. He appeals, asserting the trial court erred in refusing to exclude scientific (fingerprint) evidence in accordance with OCGA § 17-7-211. Held:

In order to make a valid discovery request under OCGA § 17-7-211, the request must either refer to that Code section or request that the scientific report be produced 10 days prior to trial. Lariscey v. State, 254 Ga. 241, 242 (1) ( 328 S.E.2d 213); State v. Meminger, 249 Ga. 561, 562 (1) ( 292 S.E.2d 681). Defendant has failed to demonstrate that he made a valid discovery request pursuant to OCGA § 17-7-211. Accordingly, his enumeration of error must be deemed to be without merit.

Judgment affirmed. Carley and Pope, JJ., concur.

DECIDED DECEMBER 3, 1986.


Summaries of

Higgs v. State

Court of Appeals of Georgia
Dec 3, 1986
351 S.E.2d 523 (Ga. Ct. App. 1986)
Case details for

Higgs v. State

Case Details

Full title:HIGGS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Dec 3, 1986

Citations

351 S.E.2d 523 (Ga. Ct. App. 1986)
351 S.E.2d 523