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Banks v. State

Court of Appeals of Georgia
Sep 4, 1984
321 S.E.2d 761 (Ga. Ct. App. 1984)

Opinion

68249.

DECIDED SEPTEMBER 4, 1984.

Illegal firearm possession. Stephens Superior Court. Before Judge Gunter.

Willie J. Woodruff, Jr., for appellant.

V. D. Stockton, District Attorney, Christopher W. Duncan, Assistant District Attorney, for appellee.


Appellant was convicted of possession of a firearm by a convicted felon. In his sole enumeration of error, he contends that his character was impressibly placed in evidence through an answer given by a police officer during cross-examination by defense counsel.

During his cross-examination of the police officer, defense counsel asked, "Why did it take so long to take a warrant out?"; to which the officer answered, "If I'm not mistaken he was already in the county jail he was picked up on a warrant." After defense counsel asked the trial court to instruct the witness to be responsive to the questions propounded, the trial court then asked the witness, "Why did it take so long?"; and the witness said, "Because sir to the best of my recollection because they had warrants out on him for bad check and he was in Stephens County Jail, if I recall right and I took the warrant out the day after that." The trial court deemed the witness' answer to be unresponsive, denied appellant's motion for mistrial and, in a lengthy discourse to the jury, instructed that body to disregard the portion of the officer's testimony quoted above.

"In the instant case the comment by the witness as to the [bad check charge and presence in jail] was voluntary and not in response to the question propounded to him. Furthermore, the trial judge instructed the jury to disregard the testimony concerning any other charges which may have been pending against appellant. Under these circumstances, the trial court did not err in denying the motion for mistrial." Jones v. State, 167 Ga. App. 847 (2) ( 307 S.E.2d 735) (1983).

Judgment affirmed. Banke, P. J., and Pope, J., concur.

DECIDED SEPTEMBER 4, 1984.


Summaries of

Banks v. State

Court of Appeals of Georgia
Sep 4, 1984
321 S.E.2d 761 (Ga. Ct. App. 1984)
Case details for

Banks v. State

Case Details

Full title:BANKS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 4, 1984

Citations

321 S.E.2d 761 (Ga. Ct. App. 1984)
321 S.E.2d 761