148 Ga. App. 185 | Ga. Ct. App. | 1978
Defendant was indicted, tried and convicted of the offense of forgery in the first degree in the presentation and cashing of a forged check in the purchase of unspecified groceries. He was sentenced to serve a term of six years, four years of which were to be served "under the penal system, and the remaining two (2) on the outside on order of probation; said probation is to begin immediately upon release from incarceration!’ Defendant appeals. Held:
1. The evidence was ample in proving the check was stolen and forged; and that the defendant had presented and cashed same obtaining groceries and cash for said check. Talley v. State, 137 Ga. App. 548, 549 (224 SE2d 455) and cits.
2. During the direct examination of the defendant as a witness in response to the question "Have you ever forged any checks?” the defendant answered "No, sir.” Whereupon, on cross examination he admitted that "in the year of 1964 I was convicted and I pleaded guilty to forging some checks.” No objection whatsoever was made to this cross examination. The defendant himself invited the cross examination resulting in this testimony. See in this connection Willingham v. State, 134 Ga. App. 144, 145 (2) (213 SE2d 516). However, objection cannot be made for the first time in this court. See Clenney v. State, 229 Ga. 561, 563 (3) (192 SE2d 907).
3. Defense counsel injected questions in regard to
4. Having considered each and every enumeration of error argued by counsel for defendant and finding no error, we must affirm.
Judgment affirmed.