Holloway v. State

Full title: HOLLOWAY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 16, 1975

213 S.E.2d 25 (Ga. Ct. App. 1975)

213 S.E.2d 25

Opinion

50019.

SUBMITTED JANUARY 6, 1975.

DECIDED JANUARY 16, 1975.

Drug violation. Meriwether Superior Court. Before Judge Knight.

Grogan, Jones Layfield, Ben B. Phillips, for appellant.

Eldridge W. Fleming, District Attorney, William F. Lee, Jr., Assistant District Attorney, for appellee.

WEBB, Judge.

Danny Joe Holloway was indicted for selling amobarbital and secobarbital in violation of the Drug Abuse Control Act (Code Ann. Ch. 79A-9). Holloway did not plead guilty but, for some reason, took the stand at trial and admitted his guilt in open court. Accordingly no reversible error appears with respect to the general grounds, the charge of the court or an unreported comment of the prosecuting attorney during the guilt phase of the trial. Pennington v. State, 117 Ga. App. 701, 704 ( 161 S.E.2d 327) and cases cited; Thaxton v. State, 89 Ga. App. 536 ( 80 S.E.2d 76); Robertson v. State, 95 Ga. App. 445, 447 ( 98 S.E.2d 199); Cauley v. State, 130 Ga. App. 278 ( 203 S.E.2d 239).

Judgment affirmed. Bell, C. J., and Marshall, J., concur.

SUBMITTED JANUARY 6, 1975 — DECIDED JANUARY 16, 1975.