Alexander v. State, 72119

• Decision Date: 16 April 1986
• Docket Number: No. 72119,72119
• Citation: 344 S.E.2d 739,178 Ga.App. 759
• Parties: ALEXANDER v. The STATE.
• Court: Georgia Court of Appeals

Page 739

344 S.E.2d 739

178 Ga.App. 759

ALEXANDER v. The STATE.

No. 72119.

Court of Appeals of Georgia.

April 16, 1986.

Barry G. Sikes, Edwin Marger, Atlanta, for appellant.

Robert E. Keller, Dist. Atty., David C. Marshall, Asst. Dist. Atty., for appellee.

McMURRAY, Presiding Judge.

Defendant appeals his conviction of a violation of the Georgia Controlled Substances Act, selling cocaine. Held:

1. Defendant contends that the trial court erred in not requiring disclosure of the identity of an anonymous informant. However, defendant's trial counsel (different from appellate counsel) raised no issue in this regard at trial. Indeed, trial counsel stated in his place, "that I'm not in any way trying to determine the identity of this informant." A party cannot ignore what he thinks is an injustice during the trial, take his chance on a favorable verdict, and complain later. Joyner v. State, 208 Ga. 435, 438(2), 67 S.E.2d 221; Scott v. State, 172 Ga.App. 725, 727(3), 324 S.E.2d 565; Bowen v. State, 173 Ga.App. 361, 362(4), 326 S.E.2d 525.

2. Defendant enumerates as error the trial court excluding from evidence an affidavit by one of defendant's witnesses. The affidavit is not included in the record on appeal. However, to the extent that the content of the affidavit is revealed by colloquy between the trial court and counsel, any error in refusing to admit the affidavit was harmless because the matters contained therein were testified to by the witness. See Boyd v. State, 168 Ga.App. 246, 251(7), 308 S.E.2d 626; Milstead v. State, 155 Ga.App. 407, 270 S.E.2d 820; Wilson v. State, 151 Ga.App. 501, 260 S.E.2d 527. To the extent that the affidavit addressed matters not apparent from the record, defendant has failed in his duty to show harmful error affirmatively by the record. Roach v. State, 221 Ga. 783, 785(4), 147 S.E.2d 299; Leverenz v. State, 140 Ga.App. 632, 639(9), 231 S.E.2d 513. This enumeration of error is without merit.

Judgment affirmed.

CARLEY and POPE, JJ., concur.