From Casetext: Smarter Legal Research

Gotel v. State

Court of Appeals of Georgia
Jan 30, 1976
224 S.E.2d 93 (Ga. Ct. App. 1976)

Opinion

51699.

SUBMITTED JANUARY 15, 1976.

DECIDED JANUARY 30, 1976.

Escape. Pike Superior Court. Before Judge Whalen.

Edgar A. Fry, for appellant.

Ben J. Miller, District Attorney, for appellee.


1. Where evidence is admitted without objection in the trial court it is too late to urge on appeal that it was prejudicial. Strozier v. State, 231 Ga. 140 ( 200 S.E.2d 762).

2. "The trial judge has a wide discretion in the handling of a trial, and we find no error in allowing the State to re-open its case after it has rested to produce further evidence. We find no manifest abuse of discretion in allowing the further evidence." Mobley v. State, 221 Ga. 716 (4) ( 146 S.E.2d 735). The same ruling applies here, where on a trial for escape the warden testified as to the prisoner's record from his own notes instead of an official copy of the file, which had been forwarded to another correctional institution. The state rested, defense counsel immediately moved for a directed verdict on this ground, and the court recessed for lunch while the record was obtained and allowed its admission in evidence prior to the presentation of the defense. No error appears.

3. The general grounds are without merit.

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

SUBMITTED JANUARY 15, 1976 — DECIDED JANUARY 30, 1976.


Summaries of

Gotel v. State

Court of Appeals of Georgia
Jan 30, 1976
224 S.E.2d 93 (Ga. Ct. App. 1976)
Case details for

Gotel v. State

Case Details

Full title:GOTEL v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jan 30, 1976

Citations

224 S.E.2d 93 (Ga. Ct. App. 1976)
224 S.E.2d 93

Citing Cases

Spencer v. Dupree

We find no manifest abuse of discretion in allowing the further evidence. Mobley v. State, 221 Ga. 716 (4) (…

Brown v. State

We disagree. It was within the court's discretion to reopen the case for the presentation of additional…