 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Barrow v. State9/16/2004
about the case during lunch. The jurors denied overhearing any comment. Williams' attorney then asked to question Officer Amerman, but the trial court refused the request. The attorney apparently acquiesced in the trial court's ruling, as he neither renewed his request or moved for a mistrial.
On appeal, Williams contends the trial court erred in preventing him from questioning Officer Amerman about the statement he made in the presence of jurors. However, Williams' acquiescence in the trial court's ruling precludes him from raising this alleged error on appeal. Moreover, since the jurors did not overhear Officer Amerman's statement, we fail to see how Williams was harmed by the trial court's refusal to let him question the officer.
9. Williams also contends that the trial court erred in intimating its opinion in the presence of jurors. When Officer Amerman was being asked whether possession of the amount of drugs found by police was consistent with distribution rather than personal use, Williams objected on the basis that the question "assume facts not in evidence, chiefly that somebody possessed drugs." The trial court overruled the objection, stating that "the jury will decide what facts are in the case, and I think there's sufficient evidence for them to maybe conclude that somebody's possessed some drugs at some point." Williams contends that this statement amounted to an improper opinion on the "ultimate issue." But " t is well settled that remarks of a judge assigning a reason for his ruling are neither an expression of opinion nor a comment on the evidence." Thus, this allegation of error is without merit.
10. Like Barrow, Williams challenges the sufficiency of the evidence supporting his conviction for possessing cocaine with intent to distribute. Specifically, Williams contends that there is no evidence that he possessed the cocaine, which was found on the roadside. We disagree. Given the evidence that Williams refused to stop the car while Barrow was throwing blocks of what appeared to be cocaine out of the window and that police retrieved a sizeable block of cocaine from the roadside, the jury was authorized to find Williams guilty.
11. Finally, Williams argues that the trial court erred in denying his motion to suppress and in failing to grant a continuance. For the reasons set forth in Divisions 2 and 3, these arguments present no basis for reversal.
Judgment affirmed. Eldridge and Adams, JJ., concur.
Page 1 2 3 4 Georgia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|