Public-domain · open source
OpenJurist

137 Ga. App. 298

223 S.E.2d 491

Hollis v. State

Court of Appeals of Georgia

Decided January 19, 1976

Court of Appeals of Georgia · decided 1976-01-19

Relies on Robinson v. State · 134 Ga. App. 825 - Sanders v. State · 131 Ga. App. 799 - Luke v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-01-19

How this case has been cited

Cited by 13 later decisions — most recently December 1998

13 state decisions

70197619801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Clark, Judge.

¶1 Appellant Hollis and co-defendant Miller were jointly tried on a charge of burglary. Both were convicted. Appellant alone brings this appeal from the trial court’s denial of his amended motion for a new trial. Held:

¶2 Appellant’s two enumerations assert that the trial court erred in improperly limiting the closing argument of the attorneys representing the two defendants. Appellant and Miller were represented by different counsel. Appellant’s attorney (not present counsel on appeal) stated that he wanted fifteen minutes for his closing argument. This request was granted and appellant’s counsel presented his closing argument without interruption or limitation by the court. While it appears that the trial judge limited to thirty minutes the closing argument of counsel for co-defendant Miller, appellant’s attorney offered no objection below to this judicial action.

¶3 We need not decide the propriety of the court’s limitation of argument, since "[a]n issue raised as a basis for a motion for a new trial which was not asserted during the trial, cannot be asserted on appeal as a basis for reversal.” Sanders v. State, 134 Ga. App. 825, 826 (216 SE2d 371). In addition, we can discern no possible harm to appellant which could have been caused by the allegedly improper restriction of the closing argument made by a different attorney for a different defendant. "Harm as well as error must be shown to authorize a reversal by this court.” Robinson v. State, 229 Ga. 14, 15 (189 SE2d 53); Luke v. State, 131 Ga. App. 799, 806 (4b) (207 SE2d 213). *299 Appellant’s enumerations are accordingly without merit.

Submitted January 12, 1976 Decided January 19, 1976. Smith, Smith & Frost, Steven P. Gilliam, for appellant. Jeff C. Wayne, District Attorney, Roland H. Stroberg, Assistant District Attorney, for appellee.

¶4 Judgment affirmed.

Bell, C. J., and Stolz, J., concur.
/137/gaapp/298 · .json · Public domain