Mathis v. State

Full title: MATHIS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Apr 25, 1978

245 S.E.2d 41 (Ga. Ct. App. 1978)

245 S.E.2d 41

Opinion

55724.

ARGUED APRIL 6, 1978.

DECIDED APRIL 25, 1978.

Forgery. Hall Superior Court. Before Judge Palmour.

W. Allan Myers, for appellant.

Larry Joe Mathis, pro se. Jeff C. Wayne, District Attorney, James H. Whitmer, Assistant District Attorney, for appellee.

WEBB, Judge.

As recognized by the state it was error for the court to allow the prosecuting attorney to examine defendant as to whether he had previously entered and withdrawn a guilty plea in this case (Code Ann. § 27-1404), but we are unable to agree with the state that it is "highly probable that the error did not contribute to the judgment." Johnson v. State, 238 Ga. 59, 61 ( 230 S.E.2d 869) (1976).

Judgment reversed. Quillian, P. J., and McMurray, J., concur.

WEBB, Judge.

ARGUED APRIL 6, 1978 — DECIDED APRIL 25, 1978.