Colley v. State

Full title: COLLEY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 21, 1965

145 S.E.2d 261 (Ga. Ct. App. 1965)

112 Ga. App. 305

Opinion

41439.

ARGUED SEPTEMBER 9, 1965.

DECIDED SEPTEMBER 21, 1965.

Possessing nontax-paid liquor. Athens City Court. Before Judge Oldham.

Guy B. Scott, Jr., for plaintiff in error.

Preston M. Almand, Solicitor, contra.

EBERHARDT, Judge.

1. The general grounds of the motion for new trial are without merit.

2. Three special grounds, added by amendment, were "disapproved and disallowed" by the trial judge in the order overruling the motion. Thus it would appear that no question based on these is presented for determination. Code Ann. § 70-301; Gunnells v. State, 199 Ga. 486 (1) ( 34 S.E.2d 654). However, even if these grounds were considered, it affirmatively appears that they are based upon the admission of evidence to which no objection was made, and for that reason no question is before this court for consideration. Hamilton v. State, 169 Ga. 613, 616 ( 151 S.E. 17); Nichols v. State, 111 Ga. App. 699 (1) ( 143 S.E.2d 41).

Judgment affirmed. Nichols, P. J., and Pannell, J., concur.

ARGUED SEPTEMBER 9, 1965 — DECIDED SEPTEMBER 21, 1965.