Brown v. State, A90A0641

Decision Date08 June 1990
Docket NumberNo. A90A0641,A90A0641
Citation195 Ga.App. 872,395 S.E.2d 73
PartiesBROWN v. The STATE.
CourtGeorgia Court of Appeals

Stephen R. Yekel, Savannah, for appellant.

Spencer Lawton, Jr., Dist. Atty., Jon Hope, Asst. Dist. Atty., for appellee.

COOPER, Judge.

Appellant was convicted by a jury of burglary and appeals. His sole enumeration of error is that the admission of the testimony of his mother and sister violated his attorney-client privilege.

The State called as witnesses appellant's mother and sister, who testified, without objection, that they were present at a meeting appellant had with his attorney and that during the meeting appellant admitted committing the burglary. Appellant contends for the first time on appeal that the admission of the testimony violated his attorney-client privilege. The witnesses were third parties who overheard the conversation between appellant and his attorney and their testimony would not be subject to the attorney-client privilege. Bradley v. State, 137 Ga.App. 670(3), 224 S.E.2d 778 (1976); Richards v. State, 56 Ga.App. 377(1), 192 S.E. 632 (1937). Furthermore, appellant's failure to make a timely objection at trial constitutes a waiver on appeal. See Seabrooks v. State, 251 Ga. 564(1), 308 S.E.2d 160 (1983); Haynes v. State, 180 Ga.App. 202(1), 349 S.E.2d 208 (1986).

Judgment affirmed.

BANKE, P.J., and BIRDSONG, J., concur.

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4 cases
  • Bailey v. Hall
    • United States
    • Georgia Court of Appeals
    • 29 Abril 1991
    ... ... Its main and controlling purpose "is to provide a ready and efficient remedy in this state for injuries occasioned by the negligent operation of motor vehicles upon the highways of this ... ...
  • Wagner v. Truesdell
    • United States
    • South Dakota Supreme Court
    • 27 Marzo 1997
    ...admission of service exists is not sufficient statutory notice of the action. Mueller, 525 N.W.2d at 51 (citing Brown v. State, 195 Ga.App. 872, 395 S.E.2d 73 (Ga.Ct.App.1990)). Two Justices dissenting, argued for a more strict interpretation of the statute, finding that the admission of se......
  • Mueller v. Zelmer
    • United States
    • South Dakota Supreme Court
    • 26 Mayo 1994
    ...Ark. 61, 628 S.W.2d 281 (1982) (service of valid process necessary to give court jurisdiction over defendant); Brown v. State, 195 Ga.App. 872, 395 S.E.2d 73 (Ga.Ct.App.1990) (fact defendant knows of the action because he may have received a copy of the summons and complaint in connection w......
  • Denny v. Croft
    • United States
    • Georgia Court of Appeals
    • 8 Junio 1990
    ... ... In February 1989, appellee, who then resided in the State of Florida, was given a copy of the ... complaint by an agent of the Georgia Bureau of ... ...

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