Jefferson v. State, 75371
Decision Date | 24 February 1988 |
Docket Number | No. 75371,75371 |
Citation | 186 Ga.App. 40,366 S.E.2d 399 |
Parties | JEFFERSON v. The STATE. |
Court | Georgia Court of Appeals |
Jack E. Carney, Jr., Pembroke, for appellant.
Dupont K. Cheney, Dist. Atty., J. Thomas Durden, Jr., Asst. Dist. Atty., Hinesoille, for appellee.
Defendant appeals her convictions for possession of heroin and theft by receiving stolen property. Held:
In her sole enumeration of error, defendant contends the trial court erred in "refusing to allow [her] the opening and concluding arguments to the jury."
McDuffie v. Jones, 248 Ga. 544, 546(2), 283 S.E.2d 601.
In the case sub judice, defendant presented evidence through the testimony of her co-indictee, Michael David Palmer, who pled guilty to the charges of the indictment prior to trial. Consequently, defendant forfeited her right to make an opening and concluding argument by introducing testimony other than her own at trial. The trial court did not err in allowing the State to open and close during summation. See William W. Daniel, Ga. Criminal Trial Practice (1986 ed.), § 23-2.
Judgment affirmed.
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