Legal Opinion

Hodges v. State

Court of Appeals of Georgia

Decided October 5, 1978No. 56381PublishedCited by 5 opinions

1Opinion of the Court

Smith, Judge.

A jury convicted Hodges of armed robbery, and he appeals on the grounds that the court erred in failing to charge "that identification testimony is opinion evidence and should be rejected or accepted as any other opinion evidence” and in failing to instruct "more fully” on the defense of mistaken identity. We affirm.

First of all we note that appellant did not make any requests to charge on the subject matter of the trial court’s alleged erroneous omissions. Also, following the court’s charge, appellant advised the trial court that he had no exceptions with the charge given. That…

2Cases cited2 opinions

  1. Hill v. StateSupreme Court of Georgia · 1976
  2. Allanson v. StateSupreme Court of Georgia · 1975

3Cited by5 opinions

  1. Johnson v. StateCourt of Appeals of Georgia · 1980
  2. Brown v. GarciaCourt of Appeals of Georgia · 1980
  3. Marlow v. LanierCourt of Appeals of Georgia · 1981
  4. Marshall v. StateCourt of Appeals of Georgia · 1999
  5. Darwin v. Metropolitan Atlanta Rapid Transit AuthorityCourt of Appeals of Georgia · 1981

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