White v. State, 55980
| Decision Date | 10 July 1978 |
| Docket Number | No. 55980,55980 |
| Citation | 146 Ga.App. 620,247 S.E.2d 203 |
| Parties | WHITE v. The STATE. |
| Court | Georgia Court of Appeals |
Joseph C. Kitchings, Statesboro, for appellant.
J. Lane Johnston, Dist. Atty., for appellee.
The defendant was convicted of aggravated assault. He now appeals the denial of his motion for new trial. Held :
1. The jury verdict was supported by evidence introduced at trial (see Blackwell v. State, 139 Ga.App. 477(1), 228 S.E.2d 612 (1976)), and the question of the weight of the evidence is not properly addressed to this court. See Ridley v. State, 236 Ga. 147(1), 223 S.E.2d 131 (1976); Price v. State, 142 Ga.App. 120(4), 235 S.E.2d 387 (1977).
2. The public defender appointed to represent the defendant at arraignment stated that he scheduled an appointment with the defendant, but that the defendant neglected to contact him until the day before trial. Based on this set of circumstances, it was not an abuse of discretion for the trial judge to deny defense counsel's motion for continuance. See Williams v. State, 144 Ga.App. 410(1), 241 S.E.2d 261 (1977).
3. After being advised of his Miranda rights, the defendant told the deputy sheriff that he owned a gun and stated that he would bring it in when he got it back from his brother. After thoroughly cross examining the deputy, defense counsel moved to strike this testimony from the record. The testimony objected to was not necessarily inculpatory. Defense counsel did not ask for a Jackson-Denno hearing; and, furthermore, the motion, as presented, did not properly raise the question of the voluntariness of the defendant's response. It was not error for the trial judge to overrule the defendant's motion to strike. See Fountain v. State, 228 Ga. 306(7), 185 S.E.2d 62 (1971); Starr v. State, 229 Ga. 181(1), 190 S.E.2d 58 (1972); Taylor v. State, 143 Ga.App. 881(2), 240 S.E.2d 236 (1977).
Judgment affirmed.
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