Turner v. Smith, 25815
| Decision Date | 09 June 1970 |
| Docket Number | No. 25815,25815 |
| Citation | 175 S.E.2d 653,226 Ga. 448 |
| Parties | Walter D. TURNER v. S. Lamont SMITH, Warden. |
| Court | Georgia Supreme Court |
Walter D. Turner, pro se.
Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Marion O. Gordon, Dorothy T. Beasley, Asst. Attys. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
This is a petition for a writ of habeas corpus in which it is alleged that the petitioner prisoner was indicted and convicted by illegally constituted grand and trial juries. The defendant was convicted on two counts of armed robbery in 1959 and sentenced to two consecutive terms of 4 to 20 years. The record discloses that the prisoner is a white man and his complaint is the exclusion of Negroes from the juries. Held:
1. Under the decisions of this court in Massey v. Smith, 224 Ga. 721, 164 S.E.2d 786; Clark v. Smith, 224 Ga. 766, 164 S.E.2d 790; Brawner v. Smith, 225 Ga. 296, 167 S.E.2d 753, and cases cited, the judgment of the trial court remanding the prisoner to custody shows no reversible error. Enumerations of error numbered 1 through 5 are without merit.
2. The sixth enumeration of error attempts to raise for the first time a question which was not raised in the trial court and therefore presents nothing for decision. Compare Moore v. Hanson, 224 Ga. 482, 162 S.E.2d 429.
Judgment affirmed.
All the Justices concur.
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...for the first time a question which was not raised in the trial court and therefore presents nothing for decision. See Turner v. Smith, 226 Ga. 448(2), 175 S.E.2d 653 and cit.; House v. State, 227 Ga. 257(1), 181 S.E.2d 31 and Even if the objection made raised the issue of voluntariness, mo......
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...of the presence of the jury. Appellant's attempt to raise this issue for the first time on appeal has no sanction under Turner v. Smith, 226 Ga. 448(7), 175 S.E.2d 653; Roberts v. State, 228 Ga. 298(1), 185 S.E.2d 385. In the absence of an objection during the course of the trial and in vie......
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...not offer as evidence the previous visitation order, hence he cannot raise this issue for the first time on appeal. See Turner v. Smith, 226 Ga. 448, 449, 175 S.E.2d 653. "(A) party cannot during the trial ignore what he thinks to be an injustice, take his chance on a favorable verdict, and......
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...in the trial court, this court will not order that the verdict of guilty and the sentence be set aside on this account. Turner v. Smith, 226 Ga. 448(2), 175 S.E.2d 653. 4. Several grounds of enumerated error relate to objections to evidence by the defendant and to motions for mistrial made ......