Johnson v. State

Full title: JOHNSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Nov 18, 1975

222 S.E.2d 146 (Ga. Ct. App. 1975)

222 S.E.2d 146

Opinion

51466.

SUBMITTED NOVEMBER 3, 1975.

DECIDED NOVEMBER 18, 1975.

Theft by taking. Clayton Superior Court. Before Judge Miller.

Richard E. Reiter, Jr., for appellant.

William H. Ison, District Attorney, Douglas N. Peters, Assistant District Attorney, for appellee.

WEBB, Judge.

Clifton Alonzo Johnson was convicted and sentenced for theft by taking, and he appeals.

1. Enumerations of error 1 and 2 assert that the admission of certain opinion testimony invaded the province of the jury. However, no objection was made at trial, and these complaints, made for the first time on appeal, are without merit. Reid v. State, 129 Ga. App. 660, 663 ( 200 S.E.2d 456) and cits.

2. "In the absence of a timely written request, the mere fact that opinion evidence was introduced does not require an instruction as to the weight of such evidence." Fort v. State, 31 Ga. App. 525 (1) ( 121 S.E. 128); Arnall v. State, 120 Ga. App. 309, 310 (5) ( 170 S.E.2d 337); Vandable v. State, 127 Ga. App. 306, 307 (2) ( 193 S.E.2d 197). Judgment affirmed. Bell, C. J., and Marshall, J., concur.

SUBMITTED NOVEMBER 3, 1975 — DECIDED NOVEMBER 18, 1975.