Dalton v. State, 47499
| Decision Date | 03 October 1972 |
| Docket Number | No. 2,No. 47499,47499,2 |
| Parties | Alonzo DALTON v. The STATE |
| Court | Georgia Court of Appeals |
Guy B. Scott, Jr., Athens, for appellant.
Ken Stula, Sol., Athens, for appellee.
Syllabus Opinion by the Court
Defendant appeals from his conviction for driving under the influence of intoxicating liquors and driving without a license.
1. Defendant contends the court erred in charging the substance of Code Ann. § 68-1625.1(a) () as the subject was irrelevant to any issue before the jury. While we agree that the issue of consent was not a part of this case, we cannot see that the charge was harmful or prejudicial to the defendant or misled the jury in solving the real issues. Griffin Grocery Co. v. Reeves, 127 Ga. 669, 56 S.E. 751; Spalding Lumber Co. v. Hemphill, 77 Ga.App. 1, 47 S.E.2d 514.
2. The presumption exists that the judge discharged all his duties, including the swearing of the jury. If in fact this was not done, the appellant's remedy was to have the record corrected by following the provisions of Code Ann. § 6-805(f).
3. Defendant's other enumerations of error are without merit.
Judgment affirmed.
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Brown v. State
...that he properly discharged his duties in this respect. If not, the error should be corrected in the lower court. See Dalton v. State, 127 Ga.App. 504(2), 194 S.E.2d 268. See also in this connection, Smith v. Smith, 224 Ga. 689, 691(4), 164 S.E.2d 225. Defendant's counsel, under Code Ann. §......
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Bohin v. State
...§ 59-704.1), administered the oath of voir dire to the jury, we find no reversible error on this ground. See, e. g., Dalton v. State, 127 Ga.App. 504, 194 S.E.2d 268: "The presumption exists that the judge discharged all his duties, including the swearing of the jury. If in fact this was no......
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White v. State, No. 51431
...or transcript to rebut the written waiver, the presumption is that the trial judge properly discharged his duties. Dalton v. State, 127 Ga.App. 504(2), 194 S.E.2d 268. We find this enumeration to be without 3. The final enumeration of error requiring discussion asserts that the court entere......
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Hardeman v. State, s. 55850-55852 and 55911
...of the substance of the implied consent law is harmless error. Gilreath v. State, 140 Ga.App. 213(2), 230 S.E.2d 362; Dalton v. State, 127 Ga.App. 504(1), 194 S.E.2d 268. When the trials in Gilreath and Dalton were held, the implied consent law was contained in Code Ann. § 68-1625.1 (repeal......