Georgia Court of Appeals, 1977

Martin v. State

Martin v. State
Georgia Court of Appeals · Decided February 2, 1977 · Bell, McMurray, Smith
233 S.E.2d 38; 141 Ga. App. 181; 1977 Ga. App. LEXIS 1823 (South Eastern Reporter, Second Series)

Martin v. State

Opinion

Bell, Chief Judge.

Defendant was convicted of aggravated sodomy. Held:

1. No objection was made at trial to the in-court identification of defendant. Absent an objection, defendant will not be heard to complain on appeal that this in-court identification was tainted by prior improper out-of-court identification procedures. Johnson v. State, 128 Ga. App. 69 (1) (195 SE2d 676).

2. There is no merit in the contention that defendant was denied due process on the ground that the state knowingly used the perjured testimony of the victim.

3. The evidence authorized the conviction.

Judgment affirmed.

McMurray and Smith, JJ., concur.

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