Tyler v. State, 249 S.E.2d 109 (Ga. Ct. App. 1978). · Go Syfert
Tyler v. State, 249 S.E.2d 109 (Ga. Ct. App. 1978). Cases Citing This Book View Copy Cite
30 citation events (8 in the last 25 years) across 1 distinct court.
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
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147 Ga. App. at 395 Reviewing arguments not raised at trial is prohibited7 citing cases“[W]here the objection argued below is not argued here it is abandoned and where an entirely different objection is presented on appeal, we cannot consider it because this is a court for review and correction of error committed in the trial court”1 citing court quotes it
  • Walter Maxon Simon v. State, No. A12A2056 (Ga. Ct. App. Feb. 27, 2013).published
    The appellate court is precluded from reviewing the propriety of a lower court’s ruling if the ruling is not contained in the enumeration of errors.”) (citations omitted); Tyler v. State, 147 Ga. App. 394, 395 (2) ( 249 SE2d 109 ) (1978) (…
  • Simon v. State., 739 S.E.2d 34 (Ga. Ct. App. 2013).published
    The appellate court is precluded from reviewing the propriety of a lower court’s ruling if the ruling is not contained in the enumeration of errors.”) (citations omitted); Tyler v. State, 147 Ga. App. 394, 395 (2) ( 249 SE2d 109 ) (1978) (…
  • Rogers v. State, 681 S.E.2d 693 (Ga. Ct. App. 2009).published
    Rogers contends that the trial court erred “by allowing the State to elicit testimony from witnesses in order to bolster the contents of audiotapes which were played for the jury.” We find no merit in this contention because trial counsel…
  • Wilburn v. State, 629 S.E.2d 267 (Ga. Ct. App. 2006).published
    Tyler v. State, 147 Ga. App. 394, 395 (2) ( 249 SE2d 109 ) (1978). (c) Because his counsel failed to object, Wilburn also waived his claim that the trial court erred by admitting evidence that bolstered Price’s character.
  • Hagger v. State, 345 S.E.2d 118 (Ga. Ct. App. 1986).published
    “[W]here the objection argued below is not argued here it is abandoned and where an entirely different objection is presented on appeal, we cannot consider it because this is a court for review and correction of error co…”
  • Kelley v. State, 315 S.E.2d 916 (Ga. Ct. App. 1984).published
    Tyler v. State, 147 Ga. App. 394, 395 ( 249 SE2d 109 ) (1978). 8.
  • Coleman v. State, 267 S.E.2d 304 (Ga. Ct. App. 1980).published
    Painter v. State, 237 Ga. 30, 33 ( 226 SE2d 578 ); Tyler v. State, 147 Ga. App. 394, 395 ( 249 SE2d 109 ).
Retrieving the full opinion text from the archive…
Tyler
v.
the State
56233.
Court of Appeals of Georgia.
Sep 12, 1978.
Published opinion
249 S.E.2d 109
1978 Ga. App. LEXIS 2699
Herbert Shafer, Wesley R. Asinof, for appellant., Lewis R. Slaton, District Attorney, Joseph J. Drolet, H. Allen Moye, Assistant District Attorneys, for appellee.
Quillian, Webb, McMurray.
Cited by 15 opinions  |  Published
Quillian, Presiding Judge.

John O. Tyler appeals his conviction of communicating gambling information. The principal evidence for the state consisted of tape recorded telephone conversations obtained through use of a wiretapping device authorized by an investigative warrant issued by the Fulton County Superior Court. The trial court overruled a motion to suppress the evidence obtained by the wiretapping and also allowed in evidence a record maintained in the defendant’s home which listed bets made with him, but also included a separate computation of federal 2% tax on wagers recorded on those papers. Defendant brings this appeal. Held:

1. Defendant has enumerated three errors. The first two enumerations are controlled adversely to the defendant by Morrow v. State, 147 Ga. App. 395.

2. The third enumeration of error contends that Title 26 USC 4424, known as the "Wagering Tax Act,” prohibits "the divulgence of any return, payment or registration made pursuant to the Wagering Tax Act.”

[*395] Submitted July 11, 1978 Decided September 12, 1978 Rehearing denied October 5, 1978 Herbert Shafer, Wesley R. Asinof, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, H. Allen Moye, Assistant District Attorneys, for appellee.

Thus, he argues, the papers containing the computation of the wager tax should have been suppressed. Pretermitting the issue of whether the defendant’s computations in his home come within the parameters of the Act, the objection urged on appeal is not the same objection urged at trial. This an appellant cannot do. Where the objection interposed at trial is not argued on appeal it is considered abandoned. Carney v. State, 134 Ga. App. 816 (3) (216 SE2d 617). And, where an enumerated error attempts to raise for the first time on appeal an objection which was not presented to the trial court for a ruling, nothing is presented for review. Patterson v. State, 228 Ga. 389, 390 (185 SE2d 762). Accordingly, where the objection argued below is not argued here it is abandoned and where an entirely different objection is presented on appeal, we cannot consider it because this is a court for review and correction of error committed in the trial court. Kingston v. State, 127 Ga. App. 660, 661 (194 SE2d 675).

Judgment affirmed.

Webb and McMurray, JJ., concur.