Henderson v. The State., 143 Ga. App. 706, 240 S.E.2d 125 (1977)
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Judgments affirmed. Shulman and Banke, JJ., concur.
Summary
Judgments affirmed. Shulman and Banke, JJ., concur.
Text
Edwards, Edwards & Edwards, H. B. Edwards, III, for Hall.
Defendants appeal their convictions for two counts of forgery in the first degree, and one count of possession of tools for the commission of crime. Held:
State,
2. Denial of a motion to suppress is enumerated as error. Defendants were arrested at a bank. Each was asked, but denied, whether they could identify a car located in the bank parking lot with temporary Florida license plates. Both stated they knew nothing about the car. The bank manager requested the police to remove the car from his parking lot. The car was impounded, taken to the police station, and a routine inventory made of its contents. A bill of sale indicated it belonged to defendant Hall. In Texas v. White, 423 U. S. 67 (96 SC 304, 46 LE2d 209), the Supreme Court found the Fourth Amendment prohibition against unreasonable searches was not violated by admission of evidence seized during a warrantless search of the defendant's car, when the defendant was arrested at a bank and his car driven to the police station where it was searched. The Supreme Court also held in South Dakota v. Opperman, ---- U. S. ---- (96 SC 3092, ---- LE2d ----) that police procedure in conducting an inventory upon impounded motor vehicles was not an unreasonable search in violation of the Fourth Amendment. This enumeration is without merit.
3. Defendants objected to introduction of two books into evidence which were not listed on the inventory list of the car. A police officer testified that he found both books underneath the seat on the driver's side of the car. The fact that these books were not listed on the inventory has no relevance to their admissibility. Cf. Williams v. State,
4. One of the state's witnesses testified that he returned some of the items confiscated from the defendant's automobile to the "Sheriffs Office in Lake City, Florida." The defendants moved for a mistrial on the basis that their character had been placed in issue. The court sustained the objection, but denied the motion for mistrial, and instructed the jury to disregard the statement. It is impermissible for the state to place a defendant's character in issue unless he has first chosen to do so. Code Ann. 38-415 (as amended to Ga. L. 1973, pp. 292, 294). However, we do not find this to be a "subterfuge" to do indirectly that which is forbidden by the statute (Moss v. State,
5. After a review of the evidence, we can not say that "all reasonable deductions and inferences therefrom [demanded] a verdict of acquittal . . ." Code Ann. 27-1802 (Ga. L. 1971, pp. 460, 461). Accordingly, the trial judge did not err in failing to direct a verdict of acquittal.
6. We have examined the remaining enumerations of error and do not find them sufficiently meritorious to require discussion.
Robert L. Cork, for Henderson.
1977
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This document cites
- Supreme Court of Georgia - OGLES v. THE STATE., 238 Ga. 716, 235 S.E.2.d 384 (1977)
- Supreme Court of Georgia - WHITE v. GEORGIA POWER COMPANY., 237 Ga. 341, 227 S.E.2.d 385 (1976)
- Supreme Court of Georgia - FLEMING v. THE STATE., 236 Ga. 434, 224 S.E.2.d 15
- Supreme Court of Georgia - WOODARD v. THE STATE., 234 Ga. 901, 218 S.E.2.d 629 (1975)
- Supreme Court of Georgia - GUEST v. THE STATE., 230 Ga. 569, 198 S.E.2.d 158
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