Anderson v. State, 48069
| Decision Date | 13 April 1973 |
| Docket Number | No. 3,No. 48069,48069,3 |
| Citation | 198 S.E.2d 329,129 Ga.App. 1 |
| Parties | Mrs. L. C. ANDERSON v. The STATE |
| Court | Georgia Court of Appeals |
Thomas M. Spence, Atlanta, for appellant.
John T. Strauss, Dist. Atty., Covington, for appellee.
Syllabus Opinion by the Court
1. 'If the sentence of the court is within the limits prescribed by law for the offense charged, this court has no jurisdiction to review the sentence or the court's refusal to reduce it.' Bowman v. State, 91 Ga.App. 52(2), 85 S.E.2d 66 and cits. The appellant's 7-months prison sentence for the misdemeanor of simply battery was within the limits fixed by law and this court cannot say that it is unjust, extreme, or oppressive. Hudson v. State, 108 Ga.App. 192, 200, 132 S.E.2d 508.
2. The issue of the contended excessiveness of the $2,000 bail assessed by the trial judge in the exercise of his discretionary power, was not raised, as it must have been, before the trial judge by habeas corpus or a showing of inability to make the amount of bail set; therefore, the enumerated error attempting to raise this issue for the first time in this court, presents nothing for review. See Jones v. Grimes, 219 Ga. 585(1b, 2a), 134 S.E.2d 790; Stevens v. State, 228 Ga. 621(1), 187 S.E.2d 281 and cits.
No error of law appearing in the appellant's sentence appealed from, the judgment of the trial court must be, and hereby is, affirmed.
Judgment affirmed.
To continue reading
Request your trial
-
Clark v. State
...VI, Sec. II, Par. VIII (Constitution of 1945; Code Ann. § 2-3708); Wisdom v. State, 234 Ga. 650, 652, 217 S.E.2d 244; Anderson v. State, 129 Ga.App. 1, 198 S.E.2d 329 and cits. Compare Banks v. State, supra; Maddox v. State, supra. In other words, a request for Brady-type disclosure may not......
-
Washington v. City of Columbus, No. 50504
...theory of nuisance is not mentioned. This latter theory is presented in this court for the first time on appeal. See Anderson v. State, 129 Ga.App. 1(2), 198 S.E.2d 329 and cits. Second: Even if the issue of nuisance were properly before us, the record would not support such a position fact......
-
Ingram v. State
...court. It has long been the rule that a party cannot raise an issue of this nature for the first time on appeal. See Anderson v. State, 129 Ga.App. 1(2), 198 S.E.2d 329 and 3. There was no error in overruling the defendant's motion for directed verdict of acquittal for any of the grounds al......
-
Smith v. State
...have been, before the trial judge, cannot be reviewed where it is raised for the first time on appeal to this court. Anderson v. State, 129 Ga.App. 1(2), 198 S.E.2d 329, and cits. The first enumerated error is without 2. The appellant contends that the court erred in permitting the defendan......