Clyde Pittman was tried and convicted of selling *903 amphetamines in violation of the Drug Abuse Control Act (Code Ann. Ch. 79A-9), and he appeals from the order overruling his motion for new trial and from the judgment of conviction and sentence. Held:
1. At trial, which took place prior to the effective date of Ga. L. 1973, p. 292, abolishing the unsworn statement law, Pittman elected to make an unsworn statement under the provisions of prior Code Ann. § 38-415. See also prior Code Ann. § 27-405, containing similar provisions. At the conclusion of the unsworn statement, Pittman’s counsel sought to have him give a sworn statement, which the trial court refused to permit; and enumeration of error no. 19 complains that "The court erred in not allowing the defendant option to give a sworn statement after making an unsworn statement as appears on page 39 of the record.”
Prior to the decision in Ferguson v. Georgia,
Pittman made no attack upon § 38-415 or § 27-405, and the only question before us relates to the proper statutory construction of these sections. More specifically, the question raised is whether, where defendant elects to make an unsworn statement, he also has the absolute right to then make a sworn statement in addition.
We have been cited no cases directly in point, and we find none. It has been held that where defendant does in fact testify under oath as any other witness, the testimony must be considered as sworn testimony and not merely a "statement.”
Staten v. State,
Dictum in several cases indicates that defendant must elect whether to make a sworn or an unsworn statement, and that upon making the election as to one of the alternatives he waives the right as to the other. In
Robertson v. State,
It is our view that these statements are a correct interpretation of §§ 38-415 and 27-405 as amended by the 1962 Acts. Both retain the prior unsworn statement law and add the right to be sworn and to testify as a regular witness "In the alternative.” "Alternative,” according to Webster’s New International Dictionary (2d Ed.), means "1. An opportunity for choice between two things, courses, or propositions, either of which may be chosen, but not both. . . 2. Either of two things, courses, or propositions offered to one’s choice, choice of either one excluding choice of the other. . . ” (Emphasis supplied.)
Probably the most firmly established rule of statutory construction is the "plain meaning rule,” and under that rule §§ 38-415 and 27-405 must be construed as giving the right either to a sworn or unsworn statement, but not both. This is the standard definition of "alternative.” Defendant here elected to make an unsworn statement and in fact did so. "So far as the record shows the prisoner voluntarily took the stand to make an unsworn statement. He did not announce in open court his intention to testify, as required by the statute. He was represented by competent counsel, and we can assume that defendant elected to make an unsworn statement after consultation and upon advice of his counsel.”
Abrams v. State,
We hold that Pittman, having elected to make an unsworn statement and having in fact done so, waived the right to then make a sworn statement. Enumeration of error no. 19 is without merit.
2. Enumeration of error 18 complains that the court erred in failing to charge, without request, on the law of alibi. The only mention of alibi was in Pittman’s unsworn statement, and no reversible error appears.
Young v. State,
3. Pittman complains in enumeration of error no. 8 that the issue was not joined until after the court began charging the jury since he did not personally sign the "not guilty” plea until that time. However, counsel had previously entered the accused’s "not guilty” plea in regular form, and no reversible error appears.
4. Enumeration of error no. 12 complains that "The jury verdict in and of itself was error in fixing punishment at $5,000 and 5 years in the State Prison.” State’s Exhibit 7, admitted without objection, showed that Pittman had previously pleaded guilty to another charge of violation of the Drug Abuse Control Act, and the sentence in the instant case was authorized by Code Ann. § 79A-9915. This enumeration is without merit.
5. Enumerations of error nos. 13, 17, 20 and 21 complain that the trial court erred in "leading the witness” in specified instances. However, no objection, motion for mistrial, or any other complaint was made below, and these enumerations are without merit.
Cline v. State,
6. Enumerations of error 4, 5, 10, 15 and 22 complain of the admission of evidence. However, Pittman’s counsel did not object to the introduction of this evidence and in each instance stated to the court that he had no objection. It is well settled that objections to evidence cannot be raised for the first time on motion for new trial or on appeal, and these enumerations are without merit.
7. Enumerations of error 6,7,9 and 11, complaining of portions of the court’s charge, fail to raise any substantial issue demonstrating reversible error.
8. Enumeration of error no. 14 is expressly abandoned, and enumeration of error no. 16 is not supported by argument or citation of authority and is deemed abandoned. Rule 18 (c) (2), this court.
9. The evidence amply supported the verdict, and the general grounds of the motion for new trial are without merit.
Judgment affirmed.