Folds v. State, s. 35299
| Decision Date | 19 October 1954 |
| Docket Number | Nos. 35299,No. 2,35300,s. 35299,2 |
| Citation | 90 Ga.App. 849,84 S.E.2d 584 |
| Parties | Robert FOLDS v. The STATE (two cases) |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
1. We do not pass upon the evidence as to the general grounds, since this case is to be tried again.
2. Special ground 1 shows reversible error for the reasons given in the body of the opinion.
3. Special grounds 2, 3, and 4 require no reversal.
The grand jury at the September term, 1953, returned two indictments against Robert Folds. The indictment in case number 35299 charged the defendant with illegally possessing and controlling nontax-paid alcoholic liquors in Heard County. The indictment in case number 35300 charged the defendant with having illegally transported such liquors in Heard County on the same date. The two indictments grew out of the same transaction. Counsel agreed to try the two cases together, and they were tried together on March 23, 1954. The trial resulted in a verdict against the defendant on both indictments. The defendant filed separate motions for a new trial as to each conviction on the usual general grounds, and thereafter added several special grounds to each motion.
The trial judge denied the motion for a new trial in each case. The defendant assigns error on such denial in each case. The judge instructed the jury as to the indictment charging illegal possesion of the liquors and, immediately following, charged the jury with reference to the indictment regarding the illegal transporting of the liquors. The same counsel represented the defendant in both cases. While counsel filed separate briefs in each case, they are so interlapping regarding both verdicts that we will deal with them together. The evidence adduced on the trial is substantially as follows:
Virgil Bledsoe, Sheriff of Heard County, testified: He and a Mr. Mooney met a certain 1940 Ford coupe on a road in Heard County, Georgia; he recognized the man driving the Ford coupe at something like 75 to 100 yards away on a dirt road; witness' car was traveling South at appoximately 6 o'clock in the afternoon on August 27, 1953; the person driving the 1940 Ford coupe was the defendant, Robert Folds (plaintiff in error in this case); he held to the center of the road, and the Ford coupe pulled up to approximately 10 or 12 feet to his bumper and almost came to a stop; his door on the driver's side was opened to get out and Mr. Mooney opened the door to get out on the other side, when the Ford coupe was snatched in low gear and jumped a ditch and went by him; witness and Mr. Mooney backed approximately 200 yards to turn around, and Mr. Mooney took the tag number of the Ford coupe; that he and Mr. Mooney chased the Ford coupd many, many miles on and off paved roads down into Troup County, at a rate of speed from 90 to 100 miles an hour; he radioed the State patrol; witness and Mr. Mooney were out of sight of the Ford coupe on several occasions; the State patrol blocked a narrow dirt road near Abbottsford, Georgia, and the driver of the Ford coupe jumped out and ran. The driver had already left the automobile when witness arrived; they searched the Ford coupe and found 147 gallons of nontax-paid liquor; the Ford coupe was taken beck to Heard County, and condemned; witness positively recognized Robert Folds, but the condemnation papers were never served on Mr. Folds; several days later, Mr. Folds was notified that warrants were pending against him in Heard County; the defendant made bond a few days later in Heard County, Georgia. Witness showed that there was dirt on the windshields of both cars; the 1940 Ford coupe was not registered in the name of Robert Folds.
D. B. Phillips, testified for the State: He bought the tag that was found on the 1940 Ford coupe; it was purchased for a 1949 Ford, and he had never owned a 1940 Ford coupe.
Troy Owens, State Trooper testified for the State: He knew the defendant and had known him for approximately three and a half years; he did not live in the neighborhood in which defendant lived; defendant lived approximately seven miles from LaGrange, Georgia; he knew the character and reputation of the defendant, and that it was bad.
Sam Cook, a witness for the defendant, stated that he lived approximately 300 yards off the Roanoke Road; he remembered the date that the whisky car stopped down in front of his house, it was late in the afternoon; the Sheriff of Heard County asked him if he could search his house, he was searching for a man driving the Ford coupe; witness asked the sheriff if he knew the party that was driving the whisky car, but the sheriff told him that he wasn't sure that he knew the driver of the whisky car, but thought that he did; witness testified that he never had a conversation with this man. The defendant made a statement in the nature of a general denial.
James E. Weldon, Charles L. Goodson, A. J. Whalen, Jr., LaGrange, for plaintiff in error.
Wright Lipford, Sol. Gen., Newnan, for defendant in error.
1. We do not pass upon the evidence as to the general grounds, since the case is to be tried again.
2. We will next deal with the amended grounds of the motion for a new trial. There are four amended grounds in each case, and each ground in each case is the same. So, we will deal with the two cases together as to the special grounds.
Special ground 1 assigns error as follows: 'Because the following material evidence was illegally admitted by the...
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Jones v. State
...reputation in the community, or by testimony of witnesses as to his general reputation in the community. See, e.g., Folds v. State, 90 Ga.App. 849, 84 S.E.2d 584 (1954); Smith v. State, 91 Ga.App. 360, 85 S.E.2d 623 (1955). The defendant was not permitted to prove his general good character......
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Brown v. State, 43614
...ruin him in business if he were arrested in Florida. Compare Wiggins v. State, 80 Ga. App. 258, 260 (55 SE2d 842); Folds v. State, 90 Ga. App. 849, 852 (84 SE2d 584); Barber v. State, 95 Ga. App. 763 (2b) (98 SE2d 575). See generally, Sikes v. State, 76 Ga. App. 883, 884 (47 SE2d 677); Carr......
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Mitchell v. State, 61356
...Stanley v. State, 94 Ga.App. 737(1), 740-743, 96 S.E.2d 195; Wiggins v. State, 80 Ga.App. 258(2), 260, 55 S.E.2d 842; Folds v. State, 90 Ga.App. 849, 852(2), 84 S.E.2d 584; Sikes v. State, 76 Ga.App. 883 (1), 884, 47 S.E.2d 677. The misdemeanor conviction in no way contradicted the testimon......
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