Parmer v. State, 224 S.E.2d 375 (Ga. 1976). · Go Syfert
Search
Parmer v. State, 224 S.E.2d 375 (Ga. 1976). Cases Citing This Book View Copy Cite
10 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: Corbin v. State (gactapp, 2010-08-31)
Top citers, strongest first. 3 distinct citers.
discussed Cited "see" Corbin v. State (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
See Parmer v. State, 236 Ga. 507, 507-508 (2) ( 224 SE2d 375 ) (1976) (approving of curative instruction in which court told jury that “the prosecuting attorney could not testify unless sworn as a witness” and that anything prosecutor might say while asking questions on cross-examination was not evidence); Collier v. State, 282 Ga. App. 605, 607 ( 639 SE2d 405 ) (2006) (“What lawyers say is not evidence, including what they may suggest in cross-examination of a witness.”).
discussed Cited "see" Pound v. Medney (2×)
Ga. Ct. App. · 1985 · signal: see · confidence high
See Parmer v. State, 236 Ga. 507 (2) ( 224 SE2d 375 ) (1976).
discussed Cited "see, e.g." Landers v. State (2×)
Ga. · 1998 · signal: see also · confidence low
Oral argument was held on July 20,1998. 2 Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 261 Ga. 625 , 630 ( 409 SE2d 839 ) (1991). 4 See Jarrett v. State, 265 Ga. 28, 29 ( 453 SE2d 461 ) (1995) (noting the high degree of potential prejudice of any comment compared to its minimal probative value). 5 See Barnes v. State, 269 Ga. 345, 352 ( 496 SE2d 674 ) (1998) (concluding that trial court erred in allowing state to cross-examine defendant about his failure to talk to police *191 before his arrest). 6 See Marable v. State, 247 Ga. 509, 510 ( 277 SE2d 52 ) (1981) (by faili…
Parmer
v.
the State
30881.
Supreme Court of Georgia.
Mar 11, 1976.
224 S.E.2d 375
Glaze, Glaze, McNally & Glaze, Kirby A. Glaze, for appellant., William H. Ison, District Attorney, Douglas N. Peters, Assistant District Attorney, Arthur K. Bolton, Attorney General, Harrison Kohler, Staff Assistant Attorney General, for appellee.
Hall.
Cited by 5 opinions  |  Published
Hall, Justice.

Parmer was convicted of rape and sentenced to life and convicted of armed robbery and sentenced to twenty years, to run consecutively. He appeals.

1. Parmer contends that a mistrial should have been declared because of two questions that were asked him during cross examination.

The prosecuting attorney asked Parmer a question concerning his effort to avoid apprehension. His attorney moved for mistrial on the ground that the state could ask no questions concerning flight unless the indictment charged the crime of escape. The trial court did not err in denying the motion. Holsey v. State, 235 Ga. 270, 272 (219 SE2d 374) (1975); Coley v. State, 135 Ga. App. 810 (219 SE2d 35) (1975). Furthermore, Parmer himself introduced evidence of flight when he testified under direct examination that after he was arrested, he escaped from jail.

When the prosecuting attorney asked Parmer a question about a lineup, his attorney moved for a mistrial. The trial court denied the motion but instructed the prosecuting attorney to ask no more lineup questions. The court also instructed the jury to disregard this matter and to consider only the charges covered by the indictment. We find no abuse of discretion by the trial court in refusing the mistrial. Woods v. State, 233 Ga. 495, 498 (212 SE2d 322) (1975); McCorquodale v. State, 233 Ga. 369 (211 SE2d 577) (1974).

2. In his cross examination of Parmer the prosecutor stated that a witness had identified Parmer from- two photographic lineups, and asked Parmer if he remembered the testimony that way. Parmer replied that he did, but his counsel objected that the testimony had been different. The trial court instructed the jury that the prosecuting attorney could not testify unless sworn as a witness; that in asking a question he could state his recollection of what a witness had said, but that the jury would make the determination of what the witness actually said; and that anything the prosecutor might say "as being evidence is not evidence.” These instructions[*508] removed any possible harm done by the statement. Coker v. State, 234 Ga. 555 (216 SE2d 782) (1975).

Submitted February 27, 1976 Decided March 11, 1976. Glaze, Glaze, McNally & Glaze, Kirby A. Glaze, for appellant. William H. Ison, District Attorney, Douglas N. Peters, Assistant District Attorney, Arthur K. Bolton, Attorney General, Harrison Kohler, Staff Assistant Attorney General, for appellee.

Judgment affirmed.

All the Justices concur.