Opinion
A89A0363.
DECIDED FEBRUARY 21, 1989. REHEARING DENIED MARCH 13, 1989.
Traffic violation. Fulton State Court. Before Judge Cummings.
Melvin Wood, pro se. James L. Webb, Solicitor, Richard Edwards, Assistant Solicitor, for appellee.
Defendant was convicted of speeding and was given a $100 fine and a 30-day suspended sentence. Following the denial of his motion for new trial, defendant appealed. Held:
1. The citation issued to defendant was not completed for want of attestation. Assuming defendant timely demurred, we find no error requiring reversal. Defendant has not demonstrated that he was unable to prepare his defense or that he was prejudiced otherwise by the defect. Miller v. State, 182 Ga. App. 700 ( 356 S.E.2d 900). "Any error in failing to try him upon a `perfect' uniform traffic citation was, thus manifestly harmless." King v. State, 176 Ga. App. 137, 138 (2) ( 335 S.E.2d 439) (overruled on other grounds in Copeland v. White, 178 Ga. App. 644 ( 344 S.E.2d 436)).
2. The testimony of the officer who stopped defendant was not secondary evidence. The officer's testimony was properly admitted over defendant's objection. Clarke v. State, 170 Ga. App. 852 ( 319 S.E.2d 16).
Judgment affirmed. Carley, C. J., and Beasley, J., concur.