Adkins v. State, 50206

Decision Date08 April 1975
Docket NumberNo. 1,No. 50206,50206,1
PartiesBaynard R. ADKINS v. STATE
CourtGeorgia Court of Appeals

Elkins, Flournoy & Garner, Thomas M. Flournoy, Jr., Michael E. Garner, Columbus, for appellant.

E. Mullins Whisnant, Dist. Atty., William J. Smith, Asst. Dist. Atty., Columbus, for appellee.

Syllabus Opinion by the Court

MARSHALL, Judge.

On August 15, 1974, appellant was tried and convicted before a jury of possession of heroin. The evidence showed that he was arrested on June 3, 1974, at the Columbus, Georgia, Airport when he claimed baggage known by law enforcement agents to contain heroin. His defense at the trial was that the baggage containing heroin was not his but that he claimed it be mistake because it was identical to his bag. Held:

1. Appellant attempted to impeach a witness for the state, the baggage attendant, who had testified that when appellant claimed the bag appellant identified it as his because of black tape on it. Appellant's witness, an investigator, testified on direct examination that he interviewed the baggage attendant prior to the trial and later did not mention having a conversation with appellant. Appellant's counsel was not allowed to pursue further questions which attempted to have the investigator testify that the baggage attendant told him that appellant did not state that he recognized the bag by the tape on it.

The testimony of the investigator necessarily included the information sought by counsel. Appellant's counsel merely wanted a more emphatic answer to the same question which had already been answered. Counsel cannot object because the trial court refused to allow him to lead his witness. Code § 38-1706. The trial court did not abuse its discretion in prohibiting a leading question because in effect the answer had already been given. The testimony of the investigator did impeach the baggage attendant and it became a question of whether or not the jury, properly instructed, chose to believe his testimony in conjunction with all other evidence. The jury was instructed that it was their duty to determine the credibility of the witnesses and to reconcile conflicting testimony. 'The credibility of a witness is a matter to be determined by the jury under proper instructions from the court.' Code § 38-1805.

2. During the sentencing portion of the trial, the trial judge mentioned that he had seen a note passed to appellant during the course of the trial which indicated that appellant knew he committed the offense charged. It is apparent from a reading of the transcript that the note which the judge read pertained only to the appellant's guilt or innocence, an issue which had already been decided by the jury. The maximum sentence imposed by the judge (5 years and $5,000)...

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5 cases
  • Dickerson v. State
    • United States
    • Georgia Court of Appeals
    • November 21, 1975
    ...in order to revoke be convinced beyond a reasonable doubt that defendant has violated a condition of his probation. Adkins v. State, 134 Ga.App. 507, 215 S.E.2d 270. In this case the evidence authorized the revocation. The evidence is far more than 'slight', that the probationer committed t......
  • Christy v. State
    • United States
    • Georgia Court of Appeals
    • April 8, 1975
  • Richards v. State
    • United States
    • Georgia Court of Appeals
    • November 7, 1979
    ...In the absence of a showing of resulting injury, we refuse to find an abuse of discretion in the court's ruling. See Adkins v. State, 134 Ga.App. 507(1), 215 S.E.2d 270; Mason v. State, 18 Ga.App. 224(2), 89 S.E. 185; Durham v. State, 70 Ga. 4. Appellant alleges error on the court's refusal......
  • Dent v. State, 50717
    • United States
    • Georgia Court of Appeals
    • October 28, 1975
    ...1, 1974. Mealor v. State, 134 Ga.App. 564(2), 215 S.E.2d 272; Zarick v. State, 134 Ga.App. 548(3), 215 S.E.2d 311; Adkins v. State, 134 Ga.App. 507(3), 215 S.E.2d 270. We must therefore reverse as to the sentence and remand the case to the trial judge to impose a sentence without the interv......
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