Green v. State

• Decision Date: 23 September 1964
• Docket Number: No. 2,No. 40930,40930,2
• Citation: Green v. State, 138 S.E.2d 589, 110 Ga.App. 346 (Ga. App. 1964)
• Parties: Willie Lee GREEN v. The STATE
• Court: Georgia Court of Appeals

Page 589

138 S.E.2d 589

110 Ga.App. 346

Willie Lee GREEN v.The STATE.

No. 40930.

Court of Appeals of Georgia, Division No. 2.

Sept. 23, 1964.

B. Clarence Mayfield, Savannah, for offered amounted to a waiver of any objection which he might have had.

B. Clarence Mayfield, Savannah, for plaintiff in error.

Andrew J. Ryan, Jr., Sol., Sylvan A. Garfunkel, Asst. Sol., Savannah, for defendant in error.

Syllabus Opinion by the Court

RUSSELL, Judge.

1.The defendant was convicted of maintaining a lottery on the uncontroverted testimony of a police officer that he had discovered her in possession of a sealed envelope containing money and a bolita talley sheet and tickets, and had obtained an admission from her that 'they were hers and that it was her game.'The circumstances under which the evidence was obtained would, over objection duly made, have raised an issue of fact as to whether the evidence should have been rejected as obtained by illegal search and seizure.Plaintiff in error, apparently relying on Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081, moved to suppress the evidence prior to arraignment, and renewed the motion prior to trial, but did not object to the evidence at the time it was offered.

In Jackson v. State, 108 Ga.App. 529, 133 S.E.2d 436, it was held: '[W]here the defendant prior to trial made a motion to suppress certain evidence, which motion was overruled, and where thereafter on the trial of the case the evidence was admitted without any objection to its admission being made at that time, assuming, but not deciding that a motion to suppress was a proper remedy to have the evidence excluded, the failure of the defendant to object to the evidence at the time it was actually offered, amounted to a waiver of any objection which he...