Jackson v. State, s. 55854

Decision Date14 July 1978
Docket Number55855,Nos. 55854,s. 55854
Citation146 Ga.App. 736,247 S.E.2d 512
PartiesJACKSON v. The STATE (two cases).
CourtGeorgia Court of Appeals

Baker, Conrad & Abernathy, Elliott R. Baker, Canton, for appellant.

V. D. Stockton, Dist. Atty., Michael H. Crawford, Asst. Dist. Atty., for appellee.

BIRDSONG, Judge.

Jackson was twice convicted of possession of liquor in excess of the legal limit, having committed these misdemeanors on two separate occasions. He appeals both convictions. Held:

1. Enumerated error no. 1, in Case no. 55854, and enumerated error nos. 1 and 2, in Case no. 55855, relate to the denial of appellant's motion to suppress certain evidence seized pursuant to search warrants issued respective to each incident. Also enumerated as error, in each case, is the trial court's admission of testimony relating to the seized property. However, the property seized was not introduced at either trial, and appellant failed to object, at either trial, to the admission of testimony relating to the seized property.

" It is 'harmless error' to overrule a motion to suppress evidence which is never introduced; furthermore, testimony is outside the scope of a motion to suppress, and should be objected to on the trial. (Cit.)" Walker v. State, 130 Ga.App. 597, 599, 203 S.E.2d 890, 892; Baker v. State, 230 Ga. 741(2), 199 S.E.2d 252. See Foote v. State, 141 Ga.App. 18, 232 S.E.2d 366. "(F)ailure to make a timely objection to testimony when it is offered results in a waiver of any objection that might have been urged. (Cits.)" Reid v. State, 129 Ga.App. 660, 663, 200 S.E.2d 456, 460. These enumerations are without merit.

2. Appellant enumerates as error, in each case, the failure of the trial judge to disqualify himself in a proceeding involving the sufficiency of search warrants which he had issued personally. However, appellant failed to raise a proper objection, and " 'waiver of disqualification of a judge may be effected expressly by agreement, or impliedly by proceeding without objection with the trial of the case with knowledge of the disqualification.' (Cit.)" J. B. v. State of Ga., 139 Ga.App. 545, 546, 228 S.E.2d 712, 713. Therefore, these enumerations are without merit.

Judgment affirmed.

BELL, C. J., and SHULMAN, J., concur.

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13 cases
  • Miller v. State, 76630
    • United States
    • Georgia Court of Appeals
    • November 22, 1988
    ...180 Ga.App. 234(3), 348 S.E.2d 753 (1986); Glisson v. State, 165 Ga.App. 342, 343(5), 301 S.E.2d 62 (1983); Jackson v. State, 146 Ga.App. 736(1), 247 S.E.2d 512 (1978). Accordingly, we hold that the trial court erred in allowing the erroneous opinion testimony of Dr. Campion into evidence o......
  • Ramsey v. State
    • United States
    • Georgia Court of Appeals
    • February 22, 1983
    ...by proceeding without objection with the trial of the case with knowledge of the disqualification." [Cit.]' [Cit.]" Jackson v. State, 146 Ga.App. 736(2), 247 S.E.2d 512. Compare, Ga. Power Co. v. Watts, 184 Ga. 135(4), 144, 190 S.E. 654; Moon v. State, 154 Ga.App. 312(4), 268 S.E.2d In the ......
  • Bradshaw v. State
    • United States
    • Georgia Court of Appeals
    • October 8, 1982
    ...testimony is outside the scope of a motion to suppress, and should be objected to on the trial. [Cit.]' [Cits.]" Jackson v. State, 146 Ga.App. 736(1), 247 S.E.2d 512 (1978). Construing this enumeration as addressing the admission over objection of oral testimony concerning the post-arrest d......
  • Moon v. State
    • United States
    • Georgia Court of Appeals
    • May 7, 1980
    ...when the fact asserted as disqualifying is known to the defendant. J. B. v. State, 139 Ga.App. 545(2), 228 S.E.2d 712; Jackson v. State, 146 Ga.App. 736(2), 247 S.E.2d 512; Nix v. State, 236 Ga. 110(1), 223 S.E.2d 81. The issue of disqualification of the trial judge cannot be raised for the......
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