House v. State, 26284

Decision Date29 January 1971
Docket NumberNo. 26284,26284
Citation181 S.E.2d 31,227 Ga. 257
PartiesJohn T. HOUSE v. The STATE.
CourtGeorgia Supreme Court

Glenn Zell, Atlanta, for appellant.

Lewis R. Slaton, Dist. Atty., Tony H. Hight, Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, Dorothy T. Beasley, Asst. Attys., Gen., Atlanta, for appellee.

Syllabus Opinion by the Court

NICHOLS, Justice.

The defendant was indicted, tried and convicted of the murder of George Gummersall. His motion for new trial was overruled and the present appeal filed. The sole enumerations of error argued in this court complain of the admission of evidence. Each enumeration of error complains that the trial court erred in admitting evidence for a different reason than that urged on the trial of the case. Held:

1. "Although there may be a ground of objection to testimony which would have been good if made, yet if the objection made be not good, it will be overruled. Cox v. Cody & Co., 75 Ga. 175(1a).' City of Commerce v. Bradford, 94 Ga.App. 284, 291, 94 S.E.2d 160.' Royal Crown Bottling Co. of Macon v. Bell, 100 Ga.App. 438, 441, 111 S.E.2d 734, 738. See also Anderson v. Jarriel, 224 Ga. 495, 162 S.E.2d 322. Accordingly, the arguments raised for the first time after verdict cannot be considered. See Edwards v. State, 224 Ga. 684, 164 S.E.2d 120, and the grounds raised upon the trial not being urged before this court present no question for consideration.

2. The remaining enumeration of error not being argued nor insisted upon in this court is deemed abandoned. Smith v. State, 224 Ga. 750, 164 S.E.2d 784.

Judgment affirmed.

All the Justices concur.

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15 cases
  • Cauley v. State, s. 48422
    • United States
    • Georgia Court of Appeals
    • November 9, 1973
    ...for decision here. Morris v. State, 200 Ga. 471, 481, 37 S.E.2d 345; Aycock v. State, 188 Ga. 550(10), 4 S.E.2d 221; House v. State, 227 Ga. 257(1), 181 S.E.2d 31; Stevens v. State, 228 Ga. 621(1), 187 S.E.2d 281, and (g) Thirdly, it appears that counsel for Cauley brought the matter out on......
  • Jones v. State
    • United States
    • Georgia Supreme Court
    • June 20, 1979
    ...of the witness, Vicky Hink. Furthermore, this was not the objection which defense counsel voiced at trial. See House v. State, 227 Ga. 257(1), 181 S.E.2d 31 (1971). The prosecutor's remark about towels coming in matched sets was corrected by the prosecutor himself after defense counsel obje......
  • Edwards v. State
    • United States
    • Georgia Court of Appeals
    • September 9, 1988
    ...objection was made to the testimony on this basis and it thus presents no question for this court's consideration. See House v. State, 227 Ga. 257(1), 181 S.E.2d 31 (1971). As to the hearsay objection based on the witness's lack of personal knowledge, OCGA § 24-3-2 "permits certain evidence......
  • Roberts v. Farmer
    • United States
    • Georgia Court of Appeals
    • October 4, 1972
    ... ... City of McRae v. Folsom, 191 Ga. 272, 277, 11 S.E.2d 900.' Baker v. State of Ga., 123 Ga.App. 394(3), 181 S.E.2d 288 ...         In question here was the ... v. Overstreet, 221 Ga. 16, 30, 142 S.E.2d 816; Kohl v. Manning, 223 Ga. 755, 158 S.E.2d 375; House v ... State, 227 Ga. 257, 181 S.E.2d 31; Gaddis v. Moss, 117 Ga.App. 810(2), 162 S.E.2d [127 ... ...
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