Legal Opinion

Abarr v. State

Court of Appeals of Georgia

Decided May 20, 1988No. 76668Published

1Opinion of the Court

Banke, Presiding Judge.

On appeal from his conviction of driving under the influence, the appellant contends that the trial court erroneously condoned improper closing argument by the state’s attorney to the effect that he (the appellant) had lied during his testimony. Held:

The appellant relies on the following holding from Iler v. State, 139 Ga. App. 743 (3) (229 SE2d 543) (1976): “Argument by the district attorney expressing a personal opinion that the defendant is guilty is objectionable (cit.) and when condoned by the trial court constitutes reversible error. The same result should apply…

2Cases cited5 opinions

  1. Shy v. StateSupreme Court of Georgia · 1975
  2. Iler v. StateCourt of Appeals of Georgia · 1976
  3. Milford v. StateCourt of Appeals of Georgia · 1986
  4. Dyer v. StateCourt of Appeals of Georgia · 1980
  5. Thomas v. StateCourt of Appeals of Georgia · 1978

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