Allen v. State
| Decision Date | 21 November 1975 |
| Docket Number | No. 3,No. 51407,51407,3 |
| Citation | 137 Ga.App. 21,222 S.E.2d 856 |
| Parties | G. E. ALLEN v. The STATE |
| Court | Georgia Court of Appeals |
Nixon, Yow, Waller & Capers, John B. Long, Robert F. Wright, Jr., Augusta, for appellant.
J. E. Slaton, Sol., Augusta, for appellee.
Defendant was charged with 5 misdemeanors, but convicted of only one, to wit, the offense of obstructing an officer. He was found not guilty of the 4 other charges. He was sentenced to serve 12 months. Defendant appeals. Held:
1. The oral argument advanced by defendant's counsel before this court is greatly at variance with the transcript of what actually occurred. Counsel argued that the deputy sheriff never did show any badge or other proof that he was a deputy sheriff or officer, and that he was bringing a paper to the place of business where defendant was collecting $1 for admission, and sought admission without making payment; and that no authority existed for the paper. But the law of this State is that once a case has been resolved by a jury, with the approval of the trial judge, the testimony shall be construed most favorably towards the successful party and all conflicts in evidence shall be solved in favor of upholding the verdict. See Calhoun v. Babcock Bros. Lumber Co., 199 Ga. 171, 176, 33 S.E.2d 430; Wren v. State, 57 Ga.App. 641, 644, 196 S.E. 146; Boatright v. Rich's Inc., 121 Ga.App. 121(1), 173 S.E.2d 232. Further, once a verdict has been secured which has the approval of the trial judge, the 'any evidence' rule applies, that is, if there is 'any evidence' to support the verdict, the same shall be upheld despite the fact that there may be conflicting evidence. See Davis v. State, 68 Ga.App. 296(2), 22 S.E.2d 762; McBowman v. Merry, 104 Ga.App. 454(1), 456, 122 S.E.2d 136.
2. The transcript shows (T. 11-16) that Bennie Broome is a deputy sheriff of Richmond County; that some time during the week preceding the trouble, Mr. Waters, the manager of Lake Lodge, requested the sheriff's department of Richmond County to give him written authorization to go to his place of business on the following Sunday to make certain repairs. The place in question was known as Lake Lodge, and had a pouring license to sell whiskey, and of course, whiskey stores ordinarily cannot be opened on Sunday. See Code § 26-9906. It seems Waters very properly wanted it cleared with the sheriff that his opening the place the following Sunday was to be for repairs, only, and that the sheriff was advised in advance and was consenting to same.
The sheriff's department failed to send the paper during the week and received a telephone call Saturday night from Mr. Waters about the paper and was told that the paper would be brought out to him right now, which was around nine o'clock.
Deputy Broome immediately went to the place of business with the paper to give to the manager, not intending to be there more than a minute, and he was stopped at the door by George Eldredge Allen, defendant. Allen asked Broome where he was going and Broome replied that he was looking for the manager. Allen (although it was later shown that he was only a 'bouncer') said to Broome that you have found the manager, and Broome said he had brought the permit; that he was from the Richmond County Sheriff's Department; and that 'you called for a permit to go into your place and make repairs on Sunday.' Allen said he had called for no permit and 'you ain't going in, not unless you pay a dollar.' Deputy Broome said he had not come out there to go in but to bring the permit to allow the operator to go in the place and make repairs on Sunday. Allen again stated he had not called for a permit, and Deputy Broome said that somebody had called for a permit or else Deputy Broome would not be there.
Then Allen said 'The thing for you to do is to get your ass off this place right now!' Deputy Broome then showed his deputy sheriff's badge and his credentials and Allen said: Deputy Broome said he didn't come down there to give Allen a hard time or argue with him; that he was not used to being talked to like that and that it constituted an obstruction of Broome's job, what Deputy Broome was paid to do. Allen said Deputy Broome then went to his car, followed by Allen, who said 'Move your car off the place, I don't even want your car on it,' and all during this time Allen had his right hand in his pocket.
Deputy Broome then used his car telephone or radio to call a car with uniformed deputies in it; they shortly arrived, and Allen also ordered them off the property. Deputy Broome then told Allen he was under arrest, and they engaged in a scuffle, during the course of which Allen got a .45...
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...See Davis v. State, 68 Ga.App. 296(2), 22 S.E.2d 762; McBowman v. Merry, 104 Ga.App. 454(1), 456, 122 S.E.2d 136.' Allen v. State, 137 Ga.App. 21, 222 S.E.2d 856. Upon applying these criteria to the instant case we find no merit to the first enumeration of error based on the general grounds......
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