Legal Opinion

Byrd v. State

Court of Appeals of Georgia

Decided November 20, 1980No. 60824PublishedCited by 5 opinions

1Opinion of the Court

Deen, Chief Judge.

1. Testimony of the arresting officer that he found a cigarette on the person of the defendant triggered a motion for mistrial and various objections. The court ruled out the evidence on the ground that the statement that the cigarette contained marijuana was a conclusion without supporting evidence, and cautioned the jury to disregard the testimony. The ruling was not an abuse of discretion. Herring v. State, 125 Ga. App. 770 (3-a) (189 SE2d 132) (1972).

2. “ ‘While present law exempts the defendant in a criminal case from the strict requirements imposed on litigants in…

2Cases cited7 opinions

  1. White v. StateSupreme Court of Georgia · 1979
  2. Harris v. StateSupreme Court of Georgia · 1976
  3. Thomas v. StateSupreme Court of Georgia · 1975
  4. Clary v. StateCourt of Appeals of Georgia · 1979
  5. Llewellyn v. StateSupreme Court of Georgia · 1978

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Stevenson v. StateCourt of Appeals of Georgia · 1998
  2. Smith v. StateCourt of Appeals of Georgia · 1990
  3. Schubert v. StateCourt of Appeals of Georgia · 1981
  4. Walker v. StateCourt of Appeals of Georgia · 2008
  5. Jones v. StateCourt of Appeals of Georgia · 2000

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