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Caudell v. Sargent

Court of Appeals of Georgia
Sep 27, 1968
164 S.E.2d 148 (Ga. Ct. App. 1968)

Opinion

43918.

ARGUED SEPTEMBER 6, 1968.

DECIDED SEPTEMBER 27, 1968.

Appellate procedure. Cobb Civil and Criminal Court. Before Judge Ravan.

Lipshutz, Macey, Zusmann Sikes, Gary C. Furin, Martin M. Pollock, for appellant.

Greer Murray, Richard G. Greer, Kenneth C. Pollock, for appellees.


The appellant enumerated as error two instructions given the jury in the court's charge. However, it does not appear in the record that any objection was made to the charge before verdict as required by Code Ann. § 70-207 (a, b) (Ga. L. 1965, pp. 18, 31; Ga. L. 1966, pp. 493, 498; Ga. L. 1968, pp. 1072, 1078) and the enumerations of error are not considered. Nathan v. Duncan, 113 Ga. App. 630 (6) ( 149 S.E.2d 383). The appellant admits that no objection was made after the charge but insists that on a hearing concerning requests to charge, the appellant "vigorously" objected to such instructions. As pointed out in Atlanta Americana c. Corp. v. Sika Chem. Corp., 117 Ga. App. 707, 710 (3) ( 161 S.E.2d 342), the requirement is that there be a proper objection after the court instructed the jury and before the jury returned a verdict.

Judgment affirmed. Bell, P. J., and Hall, J., concur.

ARGUED SEPTEMBER 6, 1968 — DECIDED SEPTEMBER 27, 1968.


Summaries of

Caudell v. Sargent

Court of Appeals of Georgia
Sep 27, 1968
164 S.E.2d 148 (Ga. Ct. App. 1968)
Case details for

Caudell v. Sargent

Case Details

Full title:CAUDELL v. SARGENT et al

Court:Court of Appeals of Georgia

Date published: Sep 27, 1968

Citations

164 S.E.2d 148 (Ga. Ct. App. 1968)
164 S.E.2d 148

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