State v. Peabody

Marshall,. Justice.

We granted certiorari to review the decision of the Court of Appeals in Peabody v. State, 156 Ga. App. 853 (276 SE2d 47) (1980). In this case, the Court of Appeals has held that the trial judge in a criminal case commits per se reversible error in admitting evidence on a motion to suppress in the presence of the jury, in violation of Code Ann. § 27-313 (b) (Ga. L. 1966, pp. 567, 571).1

Held: We reverse. Judicial discretion cautions against the imposition of per se rules. The present case illustrates the wisdom of such a course.

1. Here, the trial judge announced at the…