Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DEVOE v. THE STATE.

MARSHALL, Justice.

In his appeal from his conviction of murder and life sentence, the sole errors enumerated pertain to the court's charge on implied malice, felony murder and criminal negligence.

"Under our holdings in White v. State, 243 Ga. 250 ( 253 S.E.2d 694) (1979), and Hill v. State, 246 Ga. 402 (1980), defense counsel has waived any rights under Code Ann. § 70-207 by stating he had no objections to the charge. In order to avoid waiver, if the trial court inquires if there are objections to the charge, counsel must state his objections or follow the procedure set forth in Gaither v. State, 234 Ga. 465 ( 216 S.E.2d 324) (1975), and approved in White, of reserving the right to object on motion for new trial or on appeal. Here defense counsel neither objected nor reserved the right to later object, and under such circumstances, the defendant has waived the right to raise the issue on appeal." Jackson v. State, 246 Ga. 459, 460 ( 271 S.E.2d 855) (1980).

Our holding is not to be construed to mean that any of the enumerated errors have merit, but rather merely that the right to even raise these issues has been waived.

Judgment affirmed. All the Justices concur.

MARSHALL, Justice.

DECIDED JUNE 2, 1982.
Use AI to get other relevant cases.

Comments

DEVOE v. STATE
(Jun 2, 1982)