TaiLexi AI U.S. Case Law

Mallory v. State

Mallory v. the State

Mallory v. State, 198 S.E.2d 677 (Ga. 1973)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Georgia · State Highest Courts
Decided
May 31, 1973
Docket
No. 27893
Judges
Jordan
Citations
198 S.E.2d 677230 Ga. 6571973 Ga. LEXIS 1021
Cited by 19 2 descriptions by later courts

Opinion — Jordan

Jordan, Justice.

Ivory Mallory appeals the order overruling his motion for new trial, having been convicted and sentenced for robbery and murder. He contends that (1) the trial judge erred in not permitting the defense counsel reasonable latitude in cross examining the widow of the victim, for the purpose of demonstrating her bias or prejudice toward the defendant, and (2) that the trial judge also erred in admitting a confession made to a deputy sheriff.

Held:

1. The transcript fails to disclose any ruling by the trial judge which restricted defense counsel in eliciting testimony from the widow of the victim to demonstrate her bias or prejudice toward the defendant.

2. The transcript further reveals that appropriate constitutional safeguards were followed to obtain the *658 confession, and to support its admissibility in evidence. The transcript is silent as to any objection to admissibility at the trial. The defendant will not be heard to complain of admissibility made for the first time in this court.

Starr v. State, 229 Ga. 181, 183 ( 190 SE2d 58 ).

Argued May 14, 1973 Decided May 31, 1973.

Culpepper & Culpepper, Sam Culpepper, for appellant.

Fred Hasty, District Attorney, Arthur K. Bolton, Attorney General, Courtney Wilder Stanton, Assistant Attorney General, B. Dean Grindle, Jr., Deputy Assistant Attorney General, for appellee.

3. The appeal is without merit.

Judgment affirmed.

All the Justices concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 19 cases

View all citing references →
1974: 31976: 51977: 11979: 21980: 11982: 11983: 11984: 11989: 11991: 12008: 12012: 119742026peak 1976 · 5

Relies on it most ⓘ

  1. Hance v. State268 S.E.2d 339 (Ga. 1980)
  2. Scott v. State253 S.E.2d 698 (Ga. 1979)
  3. Allen v. State723 S.E.2d 684 (Ga. 2012)
  4. Birge v. State239 S.E.2d 395 (Ga. Ct. App. 1977)
  5. Fleming v. State252 S.E.2d 609 (Ga. 1979)
  6. Anderson v. State287 S.E.2d 195 (Ga. 1982)

Most recent

  1. Allen v. State723 S.E.2d 684 (Ga. 2012)
  2. Starks v. State656 S.E.2d 518 (Ga. 2008)
  3. Austin v. State406 S.E.2d 500 (Ga. Ct. App. 1991)
  4. Thompson v. State375 S.E.2d 219 (Ga. 1989)
  5. Maxwell v. State318 S.E.2d 650 (Ga. Ct. App. 1984)
  6. Lambert v. Jones299 S.E.2d 716 (Ga. 1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Starr v. State, 190 S.E.2d 58 (Ga. 1972) 29

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list