Brown v. State, 313 S.E.2d 777 (Ga. Ct. App. 1984). · Go Syfert
Brown v. State, 313 S.E.2d 777 (Ga. Ct. App. 1984). Cases Citing This Book View Copy Cite
36 citation events across 2 distinct courts.
Strongest positive: Dortch v. State (gactapp, 1992-06-25)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 11 distinct citers.
cited Cited as authority (rule) Dortch v. State
Ga. Ct. App. · 1992 · confidence medium
Brown v. State, *823 169 Ga. App. 520, 521 (1) ( 313 SE2d 777 ) (1984).
discussed Cited as authority (rule) Pitts v. State
Ga. Ct. App. · 1992 · confidence medium
(Cit.)’ [Cit.] Each of these requirements must be met before an appellate court may review a trial judge’s discretion in denying a motion for continuance based upon the absence of a witness. [Cit.]” Brown v. State, 169 Ga. App. 520, 521 (1) ( 313 SE2d 777 ) (1984).
examined Cited as authority (rule) McGuire v. State (4×)
Ga. Ct. App. · 1987 · confidence medium
The same is true in Brown v. State, 169 Ga. App. 520, 521 (1) ( 313 SE2d 777 ) (1984).
discussed Cited as authority (rule) Teat v. State (2×)
Ga. Ct. App. · 1987 · confidence medium
See generally OCGA § 17-8-25; Alderman v. State, 241 Ga. 496 (2) ( 246 SE2d 642 ) (1978); Brown v. State, 169 Ga. App. 520, 521 ( 313 SE2d 777 ) (1984).
discussed Cited as authority (rule) Ledford v. State
Ga. Ct. App. · 1985 · confidence medium
“Each of these requirements must be met before an appellate court may review a trial judge’s discretion in denying a motion for continuance based upon the absence of a witness.” Brown v. State, 169 Ga. App. 520, 521 ( 313 SE2d 777 ) (1984).
discussed Cited "see" Brandon v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Brown v. State, 169 Ga. App. 520, 521 (2) ( 313 SE2d 777 ) (1984).
cited Cited "see" Washington v. State
Ga. Ct. App. · 1997 · signal: see · confidence high
See Bass v. State, 169 Ga. App. 520 ( 313 SE2d 776 ) (1984).
cited Cited "see" Washington v. State
Ga. Ct. App. · 1997 · signal: see · confidence high
See Bass v. State, 169 Ga. App. 520 ( 313 SE2d 776 ) (1984).
discussed Cited "see, e.g." Halthon-Howard v. State (2×)
Ga. Ct. App. · 1998 · signal: see also · confidence medium
See also Brown v. State, 169 Ga. App. 520, 521 (1) ( 313 SE2d 777 ) (1984); Bryant v. State, 164 Ga. App. 543 ( 298 SE2d 272 ) (1982).
cited Cited "see, e.g." Cartwright v. State
Ga. Ct. App. · 1997 · signal: compare · confidence low
Compare Bass v. State, 169 Ga. App. 520 ( 313 SE2d 776 ) (1984); Andrews v. State, 130 Ga. App. 2, 3 ( 202 SE2d 246 ) (1973).
discussed Cited "see, e.g." Royster v. State
Ga. Ct. App. · 1997 · signal: compare · confidence low
Compare Bass v. State, 169 Ga. App. 520 ( 313 SE2d 776 ) (1984), wherein the crime of entering an auto, OCGA § 16-8-18, is specified as a felony offense that is, when indicted, subject to a punishment of one to five years.
Brown
v.
the State
67049.
Court of Appeals of Georgia.
Jan 16, 1984.
313 S.E.2d 777
Elmer H. Young III, for appellant., Spencer Lawton, Jr., District Attorney, David T. Lock, Assistant District Attorney, for appellee.
Pope, Quillian, Sognier.
Cited by 14 opinions  |  Published
Pope, Judge.

Appellant was indicted on July 1,1982 for the offense of theft by taking an automobile. Although scheduled for trial on September 21,[*521] 1982 and subsequently on October 5, 1982, appellant’s trial by jury actually began on November 2, 1982. Appellant was convicted and sentenced to incarceration for a term of eight years. Appeal is taken from the conviction and denial of appellant’s motion for new trial.

1. Appellant’s three enumerations of error center upon the trial court’s denial of his motion for continuance which was filed and heard on November 2,1982 prior to presentation of evidence at trial. Such motion was based upon the absence of appellant’s witness, Robert Clark.

OCGA § 17-8-25 (former Code Ann. § 81-1410) contains eight statutory requirements which must accompany an application for a continuance. [Cit.] ” Gallimore v. State, 166 Ga. App. 601 (305 SE2d 164) (1983). Each of these requirements must be met before an appellate court may review a trial judge’s discretion in denying a motion for continuance based upon the absence of a witness. Hester v. State, 159 Ga. App. 642 (1) (284 SE2d 659) (1981). Although appellant’s written motion satisfies the statutory requirements by recitation, the transcript of the hearing reveals that Clark had not been served with a subpoena. The address listed on the subpoena appears to have been for condemned unoccupied property. Evidence presented later at trial established Clark’s existence; however, the witness testified that he had not seen Clark for at least six months prior to trial. Further, in argument on the motion for continuance, appellant’s counsel related Clark’s expected testimony to be given “if we can bring him to Court the next term.” “Since there was no showing that the witness was ever served with a subpoena, the denial of the continuance was not an abuse of discretion. Apgar v. State, 159 Ga. App. 752, 754 (4) (285 SE2d 89) [(1981)].” Fryer v. State, 165 Ga. App. 157, 159 (299 SE2d 884) (1983).

2. Appellant assigns error to the trial court’s denial of his motion for continuance arguing in support that the state had been granted two such previous continuances ex parte and without written motions. While the record contains notices for trial scheduled in September and October, no explanation nor rationale for the delay is a matter of record, apart from appellant’s allegations. Moreover, appellant fails to show any resulting prejudice as it was never established that Clark, his absent witness for the November trial, was ever served with a subpoena or was otherwise available for the earlier September and October dates of trial. With no indication of specific harm devolving upon appellant, we find no abuse of the trial court’s discretion. See Chenault v. State, 234 Ga. 216 (2) (215 SE2d 223) (1975); Myrick v. State, 155 Ga. App. 496 (4) (271 SE2d 637) (1980).

Judgment affirmed.

Quillian, P. J., and Sognier, J., concur. [*522] Decided January 16, 1984. Elmer H. Young III, for appellant. Spencer Lawton, Jr., District Attorney, David T. Lock, Assistant District Attorney, for appellee.