Ball v. State

Full title: BALL v. THE STATE

Court: Court of Appeals of Georgia

Date published: Mar 10, 1978

243 S.E.2d 672 (Ga. Ct. App. 1978)

243 S.E.2d 672

Opinion

55273.

SUBMITTED FEBRUARY 6, 1978.

DECIDED MARCH 10, 1978.

Rape. Clarke Superior Court. Before Judge Barrow.

J. H. Affleck, Jr., for appellant.

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

QUILLIAN, Presiding Judge.

The defendant appeals his conviction for rape. Held:

There is no merit in the defendant's enumeration of error complaining of the admission of certain evidence over objections which were too general for consideration. Farmer v. State, 94 Ga. App. 475 ( 95 S.E.2d 321); McGahee v. State, 133 Ga. App. 964, 967 ( 213 S.E.2d 91). Moreover, "Questions of the relevancy of evidence are for the court ... when facts are such that the jury, if permitted to hear them, may or may not make an inference pertinent to the issue, according to the view which they may take of them, in connection with the other facts in evidence, they are such that the jury ought to be permitted to hear them." Garner v. State, 83 Ga. App. 178, 184 ( 63 S.E.2d 225).

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

QUILLIAN, Presiding Judge.

SUBMITTED FEBRUARY 6, 1978 — DECIDED MARCH 10, 1978.