153 Ga. App. 841 | Ga. Ct. App. | 1980
The appellant, a former sheriff of Richmond County, appeals his convictions on two counts of selling marijuana. In the face of the overwhelming evidence introduced against him at trial, including tape recordings of his conversations with government informants, he
Since the state asked the question for the purpose of impeaching the appellant’s exculpatory entrapment testimony, no Jackson v. Denno hearing was required. See Scott v. State, 243 Ga. 233 (1) (253 SE2d 698) (1979). See also Harris v. New York, 401 U. S. 222 (91 SC 643, 28 LE2d 1) (1971). Cf. Perkins v. State, 152 Ga. App. 101, 103 (262 SE2d 158) (1979). The appellant further contends, however, that if he had been forced to answer the question, his response might have been that he had in fact remained silent upon his arrest and that the question therefore amounted to an impermissible comment on his right to remain silent. See Doyle v. Ohio, 426 U. S. 610 (96 SC 2240, 49 SE2d 91) (1976). While it is fascinating to speculate on what the appellant’s response might have been, the fact remains that he made no response. As indicated previously, his objection was sustained, and the jury was instructed to disregard the question. Accordingly, we do not find, in the face of the compelling body of evidence introduced against the appellant, that the trial court abused its discretion in denying his motion for mistrial.
Judgment affirmed.