Legal Opinion · Concurrence

Rowell v. State

Court of Appeals of Georgia

Decided January 18, 1973No. 47461Published

1ConcurrenceEberhardt, Presiding Judge

I concur in the judgment of affirmance for the following reasons.

1. The circumstantial evidence was sufficient under our ruling in Stephens v. State, 127 Ga. App. 416 (193 SE2d 870) to authorize the jury to convict.

2. There was sufficient direct evidence, together with the defendant’s unsworn statement, to authorize the conviction. See Hargroves v. State, 179 Ga. 722 (4) (177 SE 561).

3. For the reasons stated in my dissent to Johnson v. State, 125 Ga. App. 607 (188 SE2d 416) there was no error in allowing proof of the defendant’s refusal to take blood, *141breath or urine tests to determine the…

2Cases cited8 opinions

  1. Stephens v. StateCourt of Appeals of Georgia · 1972
  2. Hargroves v. StateSupreme Court of Georgia · 1934
  3. Irvin v. OliverSupreme Court of Georgia · 1967
  4. CARLTON COMPANY v. PossCourt of Appeals of Georgia · 1971
  5. Beasley v. WilliamsSupreme Court of North Carolina · 1963

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