Jackson v. State
| Decision Date | 16 November 1965 |
| Docket Number | No. 2,No. 41484,41484,2 |
| Citation | 112 Ga.App. 834,146 S.E.2d 541 |
| Parties | James H. JACKSON v. The STATE |
| Court | Georgia Court of Appeals |
Nall, Miller, Cadenhead & Dennis, Thomas A. Rice, James W. McRae, Atlanta, for plaintiff in error.
Lewis R. Slaton, Solicitor General, William Hall, Jr., Carter Goode, Atlanta, for defendant in error.
Syllabus Opinion by the Court
1. (a) Certain demurrers entitled in the cause were filed by the defendant and insisted upon before issue was joined. Each paragraph of these demurrers recited 'Defendant Robert Craig McQueen demurs,' etc. McQueen was jointly indicted with the defendant Jackson, and Jackson obtained a severance and was tried separately. The trial judge did not commit reversible error as to the defendant Jackson in overruling these demurrers, since these demurrers, on their face, appear to be demurrers of another party. No error is assigned on the failure of the trial judge to permit the defendant Jackson to strike out the name of McQueen and insert his own on the demurrers filed.
(b) After the evidence was closed the defendant Jackson interposed the same demurrers, with some additions, to the indictment. The general demurrers were without merit. The indictment sufficiently charged the crimes involved. The special demurrers, having been filed after issue was joined, were filed too late. Scandrett v. State, 124 Ga. 141(2), 52 S.E. 160; Thomasson v. State, 22 Ga. 499(1); Jordan v. State, 22 Ga. 545, 546(3). The failure to demur to the form of an indictment or the failure to insist upon such demurrer prior to joining issue constitutes a waiver of the defects. See Hardin v. State, 106 Ga. 384, 32 S.E. 365; Lanier v. State, 5 Ga.App. 472, 473, 63 S.E. 536; Hill v. State, 41 Ga. 484(2); Spencer v. State, 123 Ga. 133(1), 51 S.E. 294. Whether it would have been the proper practice to dismiss the special demurrers, or to refuse to consider them, the overruling of such demurrers will not be reversed on error assigned by the late demurrant, the defendant here. See Hatcher v. Georgia Farm Bureau Mut. Ins. Co., and vice versa (Case Nos. 41500 and 41527, Ga.App., 146 S.E.2d 535, decided 1965.
2. Where a motion for mistrial is made because of statements of opposing counsel and the trial judge instructs the jury to disregard the statements of counsel and overrules the motion for mistrial and the motion is not renewed after the court instructed the jury to disregard the statement, the ground is insufficient and presents no question to this court for decision. Cherry v. State, 220 Ga. 695(5), 141 S.E.2d 412; Barnes v. State, 111 Ga.App. 348(1), 141 S.E.2d 785; Fowler v. State, 111 Ga.App. 856, 143 S.E.2d 553.
3. Alleged error in rulings on pleadings are not proper grounds of a motion for new trial. Beck v. State, 100 Ga.App. 759, 760(1), 112 S.E.2d 426; Halligan v. Underwriters at Lloyds, 102 Ga.App. 905, 909(2), 118 S.E.2d 107; Owensby v. Jones, 109 Ga.App. 398, 400(7), 136 S.E.2d 451. Grounds 15 and 16 of the motion for new trial in this case, therefore, present no question for decision.
4. A witness for the State was testifying and using certain papers to refresh his memory. These papers were confidential reports of investigators. Upon objection of the prosecuting attorney, the trial court refused to allow the defendant's counsel to examine the reports. Error is assigned on the grounds that this prevented a more effective cross examination of the witness as to what he knew of his own knowledge, and prevented the defendant's counsel from finding possible impeaching evidence. The refusal of the trial judge to permit the defendant's counsel to examine the reports was not error for any reason assigned. See Adams v. State, 34 Ga.App. 144(1), 128 S.E. 924; Ellison v. Robinson, 96 Ga.App. 882, 887(7), 101 S.E.2d 902; see also, Walker v. State, 215 Ga. 128, 130 (5), 109 S.E. 748. The motion to overrule Adams v. State and Ellison v. Robinson is denied.
5. While counsel for the defendant was arguing the case before the jury the prosecuting attorney made the following objection: ...
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State v. Eubanks
...v. State,127 Ga.App. 532, 534, 194 S.E.2d 335 (1972); Robertson v. State, 127 Ga.App. 6, 192 S.E.2d 502 (1972); Jackson v. State, 112 Ga.App. 834(1b),146 S.E.2d 541 (1965); Chambers v. State, 22 Ga.App. 748, 753, 97 S.E. 256 (1918); Molnar, Georgia Criminal Law 69 (1935). See Code Ann. §§ 2......
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Bramblett v. State
...the demurrer was not timely filed. We agree. Demurrers must be seasonably filed or the right to object is waived. Jackson v. State, 112 Ga.App. 834(1b), 146 S.E.2d 541; Bryant v. State, 224 Ga. 235, 161 S.E.2d 312. A special demurrer must be filed before the defendant pleads to the merits o......
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Mahone v. State, 44597
...was not error to deny defendant access to the notes and report, which were confidential papers of the investigators. Jackson v. State, 112 Ga.App. 834(4), 146 S.E.2d 541; Adams v. State, 34 Ga.App. 144(1), 128 S.E. 924. There is no law in Georgia that gives to the defendant in a criminal ca......
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