Hammond v. State

Quillian, Judge.

Defendant appeals his conviction for burglary and sentence imposed under Code § 27-2511, as amended (Ga. L. 1953, Nov. Sess., pp. 289, 290; 1974, pp. 352, 355) as a recidivist. Held:

1. It is contended that the trial court committed reversible error by refusing to grant defendant’s motion for a mistrial after the state had impermissibly placed his character in issue. We agree. Defendant had been apprehended by the police as he exited the burglarized pawn shop through a hole in the wall. His identity was not in issue. The district attorney called one of the owners of the pawn…