Jefferson v. State, 277 S.E.2d 317 (Ga. Ct. App. 1981). · Go Syfert
Jefferson v. State, 277 S.E.2d 317 (Ga. Ct. App. 1981). Cases Citing This Book View Copy Cite
73 citation events (2 in the last 25 years) across 1 distinct court.
Strongest positive: Mathis v. State (gactapp, 2009-07-31)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 25 distinct citers.
discussed Cited as authority (rule) Mathis v. State
Ga. Ct. App. · 2009 · confidence medium
See Metz v. State, 284 Ga. 614, 617 (2) (a) ( 669 SE2d 121 ) (2008) (severance not mandated based on introduction of custodial statements made by a nontestifying co-defendant that did not directly inculpate the defendant); Wilkins v. State, 266 Ga. 278, 279 (2) (a) ( 466 SE2d 592 ) (1996) (severance not required because the statements of the nontestifying co-defendant did not clearly implicate the defendant). 16 Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 ) (1981). 17 Taylor v. State, 272 Ga. 559, 561 (2) (c) ( 532 SE2d 395 ) (2000). 18 (Punctuation omitted.) Nelson v. State, …
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 1999 · confidence medium
Generally, a failure to object forecloses appellate review of the trial *584 court’s decision. 1 Morgan v. State, 212 Ga. App. 394, 395 (1) ( 442 SE2d 257 ) (1994) (issues and grounds for objection must be raised and ruled upon in the trial court); Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 ) (1981).
cited Cited as authority (rule) Ingram v. State
Ga. Ct. App. · 1997 · confidence medium
Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 ) (1981).
cited Cited as authority (rule) Simms v. State
Ga. Ct. App. · 1996 · confidence medium
Norwood v. State, 199 Ga. App. 536 ( 405 SE2d 526 ), citing Jefferson v. State, 157 Ga. App. 324, 325 (2), 326 ( 277 SE2d 317 ).
discussed Cited as authority (rule) Morgan v. State
Ga. Ct. App. · 1994 · confidence medium
It is “well settled that this court will not consider issues and grounds for objection which were not raised and passed upon in the trial court. [Cits.]” Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 ) (1981). 2.
cited Cited as authority (rule) Stevens v. Green
Ga. Ct. App. · 1992 · confidence medium
Jefferson v. State, 157 Ga. App. 324, 326 ( 277 SE2d 317 ) (1981).
discussed Cited as authority (rule) Bohannon v. State (2×)
Ga. Ct. App. · 1992 · confidence medium
Sturdy v. State, 192 Ga. App. 71, 72 ( 383 SE2d 632 ) (1989); Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 (1981).
discussed Cited as authority (rule) Rhodes v. State
Ga. Ct. App. · 1991 · confidence medium
It has been held that this court will not consider “issues and grounds for objection which were not raised and passed upon in the trial court,” Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 ) (1981); Kress v. State, 195 Ga. App. 519 (2) ( 394 SE2d 139 ) (1990).
discussed Cited as authority (rule) Norwood v. State
Ga. Ct. App. · 1991 · confidence medium
Defendant now contends, for the first time on appeal and in his only enumeration of error, that his trial counsel was ineffective. 1 Held: “[I]t is well settled that this court will not consider issues and grounds for objection which were not raised and passed upon in the trial court. [Cits.]” Jefferson v. State, 157 Ga. App. 324, 325 (2), 326 ( 277 SE2d 317 ).
discussed Cited as authority (rule) Weems v. State (2×)
Ga. Ct. App. · 1990 · confidence medium
For "it is well settled that this court will not consider issues and grounds for objection which were not raised and passed upon in the trial court. [Cits.]" Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 ) (1981); Shy v. State, 190 Ga. App. 370, 371 (2) ( 378 SE2d 920 ) (1989).
discussed Cited as authority (rule) Holland v. State
Ga. Ct. App. · 1990 · confidence medium
An examination of the trial transcript shows that defendant did not complain when the evidence was offered at trial. “[I]t is well set- tied that this court will not consider issues and grounds for objection which were not raised and passed upon in the trial court. [Cits.]” Jefferson v. State, 157 Ga. App. 324, 325 (2), 326 ( 277 SE2d 317 ).
cited Cited as authority (rule) Kress v. State
Ga. Ct. App. · 1990 · confidence medium
(Cits.)’ Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 ) (1981).” Ortiz v. State, 189 Ga. App. 428 ( 375 SE2d 891 ). 3.
discussed Cited as authority (rule) Ortiz v. State
Ga. Ct. App. · 1988 · confidence medium
First, “it is well settled that this court will not consider issues and grounds for objection which were not raised and passed upon in the trial court. [Cits.]” Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 ) (1981).
cited Cited as authority (rule) Kittles v. Kittles
Ga. Ct. App. · 1988 · confidence medium
(Cits.) . . .’ Jefferson v. State, 157 Ga. App. 324, 325-26 ( 277 SE2d 317 ) (1981).” Daniels v. State, 183 Ga. App. 222 (1), 223 ( 358 SE2d 637 ).
discussed Cited as authority (rule) Hamilton v. State (2×)
Ga. Ct. App. · 1988 · confidence medium
Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 ); Hicks v. State, 216 Ga. 574 (1) ( 118 SE2d 364 ).” Phillips v. State, 172 Ga. App. 864, 865 (3) ( 324 SE2d 807 ).
discussed Cited as authority (rule) Daniels v. State
Ga. Ct. App. · 1987 · confidence medium
“Our appellate courts have consistently adhered to the rule that an objection to the admission of evidence on the sole ground that it is ‘irrelevant’ is insufficient to show error requiring reversal. [Cits.] Furthermore, it is well settled that this court will not consider issues and grounds for objection which were not raised and passed upon in the trial court. [Cits.] For the foregoing reasons, this enumeration of error is without merit.” Jefferson v. State, 157 Ga. App. 324, 325-26 ( 277 SE2d 317 ) (1981). 2.
cited Cited as authority (rule) Phillips v. State
Ga. Ct. App. · 1984 · confidence medium
Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 ); Hicks v. State, 216 Ga. 574 (1) (118 *866 SE2d 364).
cited Cited as authority (rule) Adkins v. State
Ga. Ct. App. · 1984 · confidence medium
See Moss v. State, 159 Ga. App. 317, 319 ( 283 SE2d 275 ); Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 ); Tift v. State, 132 Ga. App. 10 (2) ( 207 SE2d 261 ). 2.
discussed Cited as authority (rule) Tims v. State (2×)
Ga. Ct. App. · 1983 · confidence medium
The standard for granting a new trial on the basis of newly discovered evidence is well established. “ ‘ “(I)t is incumbent on a party who asks for a new trial on the ground of newly discovered evidence to satisfy the court: (1) that the evidence has come to his knowledge since the trial; (2) that it was not owing to the want of due diligence that he did not acquire it sooner; (3) that it is so material that it would probably produce a different verdict; (4) that it is not cumulative only; (5) that the affidavit of the witness himself should be procured or its absence accounted for; and …
discussed Cited as authority (rule) Pendergrass v. State
Ga. Ct. App. · 1983 · confidence medium
The child molestation for which appellant was convicted occurred in mid-December 1981. “ ‘ “[I]t is incumbent on a party who asks for a new trial on the ground of newly discovered evidence to satisfy the court: (1) that the evidence has come to his knowledge since the trial; (2) that it was not *192 owing to the want of due diligence that he did not acquire it sooner; (3) that it is so material that it would probably produce a different verdict; (4) that it is not cumulative only; (5) that the affidavit of the witness himself should be procured or its absence accounted for; and (6) that …
discussed Cited as authority (rule) Woods v. State
Ga. Ct. App. · 1983 · confidence medium
However, we find no request for a continuance for this reason. “[I]t is well settled that this court will not consider issues and grounds for objection which were not raised and passed upon in the trial court. [Cits.]” Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 ). 3.
discussed Cited as authority (rule) Pamplin v. State
Ga. Ct. App. · 1982 · confidence medium
On appeal he argues prejudice because the testimony showed evidence of a crime not charge. “ [I]t is well settled that this court will not consider issues and grounds for objection which were not raised and passed upon in the trial court.” Jefferson v. State, 157 Ga. App. 324, 326 ( 277 SE2d 317 ) (1981).
discussed Cited as authority (rule) Chester v. State (2×)
Ga. Ct. App. · 1982 · confidence medium
Jefferson v. State, 157 Ga. App. 324, 326 (2) ( 277 SE2d 317 ).
discussed Cited as authority (rule) Dollar v. State
Ga. Ct. App. · 1982 · confidence medium
See Pulliam v. State, 236 Ga. 460, 465 ( 224 SE2d 8 ); Fowler v. State, 155 Ga. App. 76 (2) ( 270 SE2d 297 ); Jefferson v. State, 157 Ga. App. 324, 326 ( 277 SE2d 317 ); Sherrod v. State, 157 Ga. App. 351, 352 (2) ( 277 SE2d 335 ).
discussed Cited "see" Betha v. State (2×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See generally Jefferson v. State, 157 Ga. App. 324 (2) ( 277 SE2d 317 ) (1981).
Jefferson
v.
the State
61020.
Court of Appeals of Georgia.
Feb 3, 1981.
277 S.E.2d 317
Donald E.'Strickland, for appellant., William S. Lee, District Attorney, William R. Wilburn, Assistant District Attorney, for appellee.
Carley, Quillian, Shulman.
Cited by 36 opinions  |  Published
Carley, Judge.

Appellant appeals his conviction of selling marijuana in violation of the Georgia Controlled Substances Act.

1. Appellant asserts as error the denial of his motion for new trial based upon newly discovered evidence. The evidence adduced at trial showed that an undercover GBI agent purchased marijuana from the appellant on January 4, 1980. The entire transaction was witnessed by another undercover GBI agent. Both officers positively identified appellant as the person who sold them the marijuana on January 4, 1980, and the officer who witnessed the sale testified he had seen appellant numerous times prior to the sale. On cross examination, both officers were asked whether or not appellant had a beard at the time of the sale. The officer witnessing the sale testified that he could not recall. The officer who actually made the purchase testified that appellant had a moustache and possibly some facial hair, but that he did not have a beard. The appellant testified that he had continuously worn a full beard for approximately ten to eleven years. The alleged newly discovered evidence is a photograph of the appellant with a full beard. Appellant urges that this photograph “would tend to refute the identification characteristics suggested by the State’s only two witnesses.”

[*325] “ ‘(I)t is incumbent on a party who asks for a new trial on the ground of newly discovered evidence to satisfy the court: (1) that the evidence has come to his knowledge since the trial; (2) that it was not owing to the want of due diligence that he did not acquire it sooner; (3) that it is so material that it would probably produce a different verdict; (4) that it is not cumulative only; (5) that the affidavit of the witness himself should be procured or its absence accounted for; and (6) that a new trial will not be granted if the only effect of the evidence will be to impeach the credit of a witness.’ [Cit.] ” Bell v. State, 227 Ga. 800, 805 (183 SE2d 357) (1971). Furthermore, motions for new trial upon the ground of newly discovered evidence are addressed to the sound discretion of the trial judge, and a refusal to grant the motion will not be reversed unless his discretion is abused. Kitchens v. State, 228 Ga. 624 (4) (187 SE2d 268) (1972); Long v. State, 237 Ga. 110, 111 (227 SE2d 22) (1976).

We find no abuse of discretion in this case. There is no showing in the record that this photograph could not have been discovered prior to trial. “The mere allegation that the evidence could not have been discovered by ordinary diligence is insufficient. [Cit.]” Downs v. State, 141 Ga. App. 173, 174 (233 SE2d 32) (1977). Moreover, in view of the evidence adduced at trial concerning whether or not appellant had a full beard on the date of the alleged sale of marijuana, the allegedly newly discovered evidence would be merely cumulative in that it goes to the issue of mistaken identity and would serve only to impeach the state’s witnesses. Compare Bell v. State, supra. This evidence is entirely insufficient to show any probability of a different result at a new trial. See Montgomery v. State, 140 Ga. App. 286 (2) (231 SE2d 108) (1976). Compare Banks v. State, 246 Ga. 1 (268 SE2d 630) (1980). Since the evidence did not rise to the level required by the test stated in Bell, the trial court did not abuse its discretion in denying appellant’s motion for new trial. Thus, this enumeration is without merit.

2. Appellant also asserts that the trial court erroneously permitted the state to question appellant as to his personal knowledge of past drug sales at Cuffy’s, an establishment at which appellant had previously been employed and the location of the alleged marijuana sale in the instant case. At the time of this question appellant objected on the sole basis that it was “irrelevant.” On appeal, appellant argues that the question was prejudicial because the testimony tended to show that Cuffy’s was some kind of “drug haven” and, thus, tended to import the guilt of appellant by reason of past association with the establishment.

Our appellate courts have consistently adhered to the rule that an objection to the admission of evidence on the sole ground that it is[*326] “irrelevant” is insufficient to show error requiring reversal. Brown v. State, 122 Ga. App. 59 (176 SE2d 240) (1970); Hicks v. State, 216 Ga. 574 (1) (118 SE2d 364) (1961). Furthermore, it is well settled that this court will not consider issues and grounds for objection which were not raised and passed upon in the trial court. Sanders v. State, 134 Ga. App. 825 (1) (216 SE2d 371) (1975); Abrams v. State, 223 Ga. 216, 225 (9) (154 SE2d 443) (1967). For the foregoing reasons, this enumeration of error is without merit.

Decided February 3, 1981. Donald E.'Strickland, for appellant. William S. Lee, District Attorney, William R. Wilburn, Assistant District Attorney, for appellee.

Judgment affirmed.

Quillian, C. J., and Shulman, P. J., concur.