Kelly v. State

Clark, Judge.

'I have never heard of something like that happening before. It is unreasonable and it is incredible.” (T. 130). That comment in this case by the trial judge referred to the testimony of two undercover drug agents in a pre-trial hearing upon a motion to suppress the evidence where the accused was indicted for the violation of the Georgia Drug Abuse Control Act. After hearing the defense version of the incident which was in direct contradiction to that of the state, the trial judge decided the matter was one of credibility. His conclusion was in these words: "The court is inclined…