Chandler v. State, 239 S.E.2d 158 (Ga. Ct. App. 1977). · Go Syfert
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Chandler v. State, 239 S.E.2d 158 (Ga. Ct. App. 1977). Cases Citing This Book View Copy Cite
71 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: Moss v. State (ga, 2016-03-07)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 23 distinct citers.
discussed Cited as authority (rule) Moss v. State
Ga. · 2016 · confidence medium
But a trial court has discretion to give the jury a redacted indictment where the only thing deleted is the name of a co-indictee, see Chandler v. State, 143 Ga. App. 608, 609 ( 239 SE2d 158 ) (1977), and Appellant has failed to explain how that discretion was abused here.
cited Cited as authority (rule) Ross v. State
Ga. Ct. App. · 1998 · confidence medium
Chandler v. State, 143 Ga. App. 608, 609 (2) ( 239 SE2d 158 ) (1977).” Tidwell v. State, 219 Ga. App. 233, 237 (4) ( 464 SE2d 834 ).
discussed Cited as authority (rule) Warren v. State (2×) also: Cited "see"
Ga. Ct. App. · 1998 · confidence medium
Thereafter, Warren did not seek further instructions, nor did he renew his motion for mistrial. “ Where illegal evidence is admitted at trial, it is not error to refuse the grant of mistrial if the illegal or harmful testimony can be corrected by proper instructions to the jury. . . ’ (Cits.) The decision not to declare a mistrial is within the discretion of the trial court, and this discretion should not be interfered with unless manifestly abused.’ [Cit.] Where the trial judge gives corrective instructions and thereafter counsel fails to request further instruction or renew his motion …
cited Cited as authority (rule) Tidwell v. State
Ga. Ct. App. · 1995 · confidence medium
Chandler v. State, 143 Ga. App. 608, 609 (2) ( 239 SE2d 158 ) (1977).
discussed Cited as authority (rule) McAlister v. State
Ga. Ct. App. · 1992 · confidence medium
“Where the trial judge gives corrective instructions and thereafter counsel fails to request further instruction or renew his motion for mistrial, an enumeration addressed to such ground is without merit.” Chandler v. State, 143 Ga. App. 608, 609 (2) ( 239 SE2d 158 ) (1977).
discussed Cited as authority (rule) Livingston v. State
Ga. Ct. App. · 1989 · confidence medium
Williamson v. State, 188 Ga. App. 307, 308 (2) ( 372 SE2d 685 ) (1988); Loaiza v. State, 186 Ga. App. 72, 73 (2) ( 366 SE2d 404 ) (1988); Chandler v. State, 143 Ga. App. 608, 609 (2) ( 239 SE2d 158 ) (1977).
discussed Cited as authority (rule) Harris v. State
Ga. Ct. App. · 1989 · confidence medium
“If a motion for a mistrial is overruled but corrective instructions are given by the court and thereafter counsel fails to request further instructions or renews his motion for a mistrial, the overruling of the motion is not regarded as error. [Chandler v. State, 143 Ga. App. 608, 609 (2) ( 239 SE2d 158 ).]” Daniel’s Ga. Criminal Trial Prac. (1986 ed.) 550, § 20-24.
discussed Cited as authority (rule) Opatut v. Guest Pond Club, Inc.
Ga. Ct. App. · 1988 · confidence medium
The Opatuts and RDF enumerate the denial of their motion for a mistrial as error. “ ‘Where illegal evidence is admitted at the trial, it is not error to refuse the grant of mistrial if the illegal or harmful testimony can be corrected by proper instructions to the jury . . . [Cits.] The decision not to declare a mistrial is within the discretion of the trial court, and this discretion should not be interfered with unless manifestly abused.’ [Cit.]” Chandler v. State, 143 Ga. App. 608, 609 (2) ( 239 SE2d 158 ) (1977).
discussed Cited as authority (rule) Floyd v. State (2×)
Ga. Ct. App. · 1988 · confidence medium
“Where the trial judge gives corrective instructions and thereafter counsel fails to request further instruction or renew his motion for mistrial, an enumeration addressed to such ground is without merit. [Cit.]” Chandler v. State, 143 Ga. App. 608, 609 (2) ( 239 SE2d 158 ) (1977).
discussed Cited as authority (rule) Byrd v. State (2×)
Ga. Ct. App. · 1988 · confidence medium
Salem v. State, 228 Ga. 186, 188 (5) ( 184 SE2d 650 ) (1971); Chandler v. State, 143 Ga. App. 608, 610 (6) ( 239 SE2d 158 ) (1977).
discussed Cited as authority (rule) Loaiza v. State
Ga. Ct. App. · 1988 · confidence medium
“Where the trial judge gives corrective instructions and thereafter counsel fails to request further instruction or renew his motion for mistrial, an enumeration addressed to such ground is without merit. [Cit.]” Chandler v. State, 143 Ga. App. 608, 609 (2) ( 239 SE2d 158 ) (1977).
discussed Cited as authority (rule) Andrews v. State
Ga. Ct. App. · 1984 · confidence medium
“Since the indictment and the plea of not guilty entered thereon constitute the pleadings in a criminal case, it has always been the practice in this state to permit the jury to have, in [its] room, the indictment. [Cits.]” Chandler v. State, 143 Ga. App. 608, 610 ( 239 SE2d 158 ) (1977).
discussed Cited as authority (rule) Raymond v. State
Ga. Ct. App. · 1983 · confidence medium
Instead, the court proceeded instanter to sentence the defendant to the maximum of 20 years “based upon previous convictions” and “previous conduct.” Since the defendant was sentenced to the maximum the court’s recollection with reference to the previous convictions and previous conduct certainly involved the maximum sentence, and the case sub judice is not controlled by Canady v. State, 147 Ga. App. 640, 641 (6) ( 249 SE2d 690 ), and Chandler v. State, 143 Ga. App. 608, 609 (3) ( 239 SE2d 158 ).
discussed Cited as authority (rule) Grayson v. State
Ga. Ct. App. · 1981 · confidence medium
Moreover, “where the trial judge gives corrective instructions and thereafter counsel fails to request further instruction or renew his motion for mistrial, an enumeration addressed to such ground is without merit.” Chandler v. State, 143 Ga. App. 608, 609 (2) ( 239 SE2d 158 ).
cited Cited as authority (rule) Smith v. State
Ga. Ct. App. · 1981 · confidence medium
Clyatt v. State, 126 Ga. App. 779 ( 192 SE2d 417 ) [1972]” Chandler v. State, 143 Ga. App. 608, 609 ( 239 SE2d 158 ) (1977). 2.
discussed Cited as authority (rule) Johnson v. State
Ga. · 1980 · confidence medium
See Smalls v. State, 105 Ga. 669 (6) ( 31 SE 571 ) (1898) (a murder case); Corbin v. State, 212 Ga. 231 (2) ( 91 SE2d 764 ) (1956) (a death case); Salem v. State, 228 Ga. 186, 188 (5) ( 184 SE2d 650 ) (1971); Riggins v. Stynchcombe, 231 Ga. 589, 593 ( 203 SE2d 208 ) (1974); Bostick v. Ricketts, 236 Ga. 304 (1) ( 223 SE2d 686 ) (1976); Page v. State, 120 Ga. App. 709 (1) ( 172 SE2d 207 ) (1969); Chandler v. State, 143 Ga. App. 608, 610 (6) ( 239 SE2d 158 ) (1977); Lockett v. State, 153 Ga. App. 569, 571 (3) ( 266 SE2d 236 ) (1980).
cited Cited as authority (rule) Davis v. State
Ga. Ct. App. · 1979 · confidence medium
Chandler v. State, 143 Ga. App. 608, 609 (5) *630 ( 239 SE2d 158 ).
cited Cited as authority (rule) Porter v. State
Ga. Ct. App. · 1978 · confidence medium
Chandler v. State, 143 Ga. App. 608, 609 (5) ( 239 SE2d 158 ). 10.
discussed Cited "see" Abner v. State (2×)
Ga. Ct. App. · 1990 · signal: see · confidence high
See Chandler v. State, 143 Ga. App. 608 (2) ( 239 SE2d 158 ) (1977).
discussed Cited "see" Warnock v. State (2×)
Ga. Ct. App. · 1990 · signal: see · confidence high
See Chandler v. State, 143 Ga. App. 608, 609 (2) ( 239 SE2d 158 ).
discussed Cited "see" Roundtree v. State (2×)
Ga. Ct. App. · 1990 · signal: see · confidence high
See Chandler v. State, 143 Ga. App. 608, 609 (2) ( 239 SE2d 158 ). 2.
discussed Cited "see" Blair v. State (2×)
Ga. · 1980 · signal: see · confidence high
See Chandler v. State, 143 Ga. App. 608, 609 ( 239 SE2d 158 ) (1977) and Clyatt v. State, 126 Ga. App. 779, 786 ( 192 SE2d 417 ) (1972).
discussed Cited "see" Jones v. State (2×)
Ga. · 1979 · signal: see · confidence high
See Chandler v. State, 143 Ga. App. 608 (2) ( 239 SE2d 158 ) (1977).
Chandler
v.
the State
54256.
Court of Appeals of Georgia.
Sep 22, 1977.
239 S.E.2d 158
Richard L. Powell, for appellant., Richard E. Allen, District Attorney, Gayle B. Hamrick, Assistant District Attorney, for appellee.
Quillian, Shulman, Banke.
Cited by 35 opinions  |  Published
Quillian, Presiding Judge.

The defendant appeals his conviction for violation of the Georgia Controlled Substances Act. Held:

1. "A motion to continue is addressed to the sound[*609] discretion of the trial judge, and this court will not interfere unless it is clearly shown that he has abused his discretion... [Cits.] Where the moving party fails to make a proper showing of the requirements set forth in Code Ann. § 81-1410, the denial of a continuance motion cannot be said to be an abuse of discretion.” Jones v. State, 135 Ga. App. 893, 896 (219 SE2d 585). Accord, Scoggins v. State, 98 Ga. App. 360 (2) (106 SE2d 39); Beasley v. State, 115 Ga. App. 827 (1) (156 SE2d 128).

The first enumeration of error is not meritorious.

2. "Where illegal evidence is admitted at the trial, it is not error to refuse the grant of mistrial if the illegal or harmful testimony can be corrected by proper instructions to the jury. . . [Cits.] The decision not to declare a mistrial is within the discretion of the trial court, and this discretion should not be interfered, with unless manifestly abused.” Barrow v. State, 235 Ga. 635, 641 (221 SE2d 416). Where the trial judge gives corrective instructions and thereafter counsel fails to request further instruction or renew his motion for mistrial, an enumeration addressed to such ground is without merit. Clyatt v. State, 126 Ga. App. 779, 786 (192 SE2d 417).

Enumerations of error 2 and 3 show no basis for reversal.

3. A trial judge may not judicially note a prior conviction in his own court without compliance with Code Ann. § 27-2503 (2) (Ga. L. 1974, pp. 352, 357). Paschal v. State, 139 Ga. App. 842, 845 (6) (229 SE2d 795). Nevertheless, in this case there is nothing to establish that the trial judge’s recollection of a prior charge against the. defendant which was dismissed resulted in an increased sentence. See Munsford v. State, 235 Ga. 38 (218 SE2d 792).

There is no merit in enumeration of error 5.

4. The evidence was sufficient to sustain the verdict. Enumerations of error 6 and 7 are therefore without merit.

5. Any question as to the excessiveness of the sentence, which was within legal limits, should be addressed to the sentence review panel as provided in Code Ann. § 27-2511.1 (Ga. L. 1974, pp. 352, 358 (amended Ga. L. 1977, pp. 1098,1104, eff. July 1, 1977)); Lee v. State, 139 Ga. App. 65, 66 (227 SE2d 878); Thomas v. State, 139 Ga. App. 364, 365 (228 SE2d 386); Mydell v. [*610] State, 238 Ga. 450 (2) (233 SE2d 199). Enumeration of error 8 is without merit.

Submitted July 12, 1977 Decided September 22, 1977 Rehearing denied October 21, 1977 Richard L. Powell, for appellant. Richard E. Allen, District Attorney, Gayle B. Hamrick, Assistant District Attorney, for appellee.

6. Since the indictment and the plea of not guilty entered thereon constitute the pleadings in a criminal case, it has always been the practice in this state to permit the jury to have, in their room, the indictment. Broughton v. State, 186 Ga. 588, 589 (1) (199 SE 111); Salem v. State, 228 Ga. 186, 188 (5) (184 SE2d 650).

However, the Supreme Court has pointed out the advisability of masking or concealing extraneous or prejudicial matter contained in an indictment. Salem v. State, supra; Riggins v. Stynchcombe, 231 Ga. 589, 593 (203 SE2d 208); Bostick v. Ricketts, 236 Ga. 304, 305 (223 SE2d 686). Compare Page v. State, 120 Ga. App. 709 (1) (172 SE2d 207); Corbin v. State, 212 Ga. 231 (2) (91 SE2d 764). Under the circumstances of this case, it was not error to permit a copy of the indictment to go out with the jury where the only change made thereon was the deletion of a co-defendant’s name and the plea he entered. Enumeration of error 4 is without merit.

Judgment affirmed.

Shulman and Banke, JJ., concur.