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206 Ga. App. 36

Powell v. State

Court of Appeals of Georgia

Decided October 29, 1992

Court of Appeals of Georgia · decided 1992-10-29

Cited by 2 later decisions — most recently December 2008

2 state decisions

Relies on 176 Ga. App. 317 - Pruitt v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-10-29

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Beasley, Judge,

¶1concurring specially.

¶2I concur without reaching the question with respect to silence at arrest, which question the court resolves on federal constitutional grounds. The question is not properly before us, because appellant did not object on any ground based on his silence at arrest. His objection below related to his trial testimony. Pruitt v. State, 176 Ga. App. 317, 321 (3) (335 SE2d 724) (1985). The trial court had no opportu*38nity to consider the contention now made, so it cannot be charged with any error in connection with it.

Decided October 29, 1992.Hawk, Hawk & Lyons, Charles H. Lyons III, for appellant.Michael C. Eubanks, District Attorney, Daniel W. Hamilton, Richard E. Thomas, Assistant District Attorneys, for appellee.
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