143 Ga. App. 510 | Ga. Ct. App. | 1977
Defendant was convicted of the offense of violating the Georgia Controlled Substances Act in that "he., did possess, have under his control and sell Heroin.” He was sentenced to serve a term of 20 years. Defendant appeals. Held:
1. During the trial a Georgia Bureau of Investigation special agent testified that he had a conversation with defendant about some scars on his chest and stomach. Whereupon the assistant district attorney addressed counsel for defendant, "Mr. Silver, I’ll ask the defendant to raise his shirt, please, stand up and raise his shirt.” At which Mr. Silver replied, "No, sir, the defendant will not stand up and raise his shirt.” Whereupon the court instructed counsel, "Proceed on to another matter.” After this witness had identified the defendant as the man he purchased the drugs from counsel for defendant asked that the jury be retired, and the defendant moved for mistrial, because the assistant district attorney "in a completely unprecedented manner and without any legal justification or basis therefor addressed himself to the defendant and asked him to stand up and show” his body. Whereupon the court in response to the motion stated that the court had not required the defendant to do anything but "if it please counsel, I’ll instruct the jury to disregard any request” and proceeded to overrule the objection. Immediately upon overruling this objection the trial court asked counsel for the defendant, "would you like me to instruct them [jurors]?” Counsel for the defendant then replied to the court’s inquiry, "No, sir, that’s all right.” Thus, defense counsel waived any instructions to the jury in regard to the matter. While the colloquy by and
Judgment affirmed.