History
  • No items yet
midpage
Gotel v. State
137 Ga. App. 461
Ga. Ct. App.
1976
Check Treatment
Deen, Presiding Judge.

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 SE2d 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 SE2d 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.

Case Details

Case Name: Gotel v. State
Court Name: Court of Appeals of Georgia
Date Published: Jan 30, 1976
Citation: 137 Ga. App. 461
Docket Number: 51699
Court Abbreviation: Ga. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.