Peppers v. State, 242 S.E.2d 330 (Ga. Ct. App. 1978). · Go Syfert
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Peppers v. State, 242 S.E.2d 330 (Ga. Ct. App. 1978). Cases Citing This Book View Copy Cite
20 citation events (2 in the last 25 years) across 1 distinct court.
Strongest positive: Smith v. State, 553 S.E.2d 339 (Ga. Ct. App. 2001)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
How cited ↗
Cited for
144 Ga. App. at 663 Waiver of search and seizure rights by failing to file motion3 citing casesSubmitted January 17, 1978 Decided February 1, 1978. Charles R. Adams, Jr., for appellant. Walker P. Johnson, Jr., District Attorney, Thomas J. Mathews,…opening of page *663 (no citing court says what it cites this page for)
  • Smith v. State, 553 S.E.2d 339 (Ga. Ct. App. 2001).published
    See Dixson v. State, 191 Ga. App. 410 (1) ( 382 SE2d 357 ) (1989) (failure to file a timely motion to suppress constitutes a waiver of the constitutional guarantee with respect to the search and seizure in question); Peppers v. State, 144…
  • Sloan v. State, 323 S.E.2d 834 (Ga. Ct. App. 1984).published
    Peppers v. State, 144 Ga. App. 662, 663 (1) ( 242 SE2d 330 ); Dennis v. State, 166 Ga. App. 715, 718 ( 305 SE2d 443 ).” Turner v. State, 170 Ga. App. 355, 356 ( 317 SE2d 631 ). 2.
  • Turner v. State, 317 S.E.2d 631 (Ga. Ct. App. 1984).published
    Peppers v. State, 144 Ga. App. 662, 663 (1) ( 242 SE2d 330 ); Dennis v. State, 166 Ga. App. 715, 718 ( 305 SE2d 443 ).
Retrieving the full opinion text from the archive…
Peppers
v.
the State
55047.
Court of Appeals of Georgia.
Feb 1, 1978.
Published opinion
242 S.E.2d 330
1978 Ga. App. LEXIS 1733
Charles R. Adams, Jr., for appellant., Walker P. Johnson, Jr., District Attorney, Thomas J. Mathews, Assistant District Attorney, for appellee.
Bell, Shulman, Birdsong.
Cited by 10 opinions  |  Published
Bell, Chief Judge.

Defendant was convicted of the attempted murder of his wife. Held:

[*663] Submitted January 17, 1978 Decided February 1, 1978. Charles R. Adams, Jr., for appellant. Walker P. Johnson, Jr., District Attorney, Thomas J. Mathews, Assistant District Attorney, for appellee.

1. Defendant orally objected at trial to the admission of a state exhibit on the ground that it was obtained by an illegal search and seizure. By failing to file a written motion to suppress this evidence as required by Code Ann. § 27-313, defendant waived any objection to the evidence on this ground. Brannen v. State, 117 Ga. App. 69 (159 SE2d 476).

2. Defendant enumerates as error the admission of an incriminating statement over his objection that he did not make a knowing and intelligent waiver of his Miranda rights by reason of his intoxication at the time. No error exists. There was ample evidence to show that defendant was properly given a Miranda warning, that he was in sufficient possession of a rational intellect and a free will to understand his Miranda rights when given, and that the admission was otherwise freely and voluntarily given. See Allen v. State, 231 Ga. 17, 18 (2) (200 SE2d 106). The admission of this statement has not been shown to be clearly erroneous and this is binding on the appellate courts. Person v. State, 235 Ga. 814 (221 SE2d 587).

Judgment affirmed.

Shulman and Birdsong, JJ., concur.