Sumrall v. State
Sumrall v. State
Opinion of the Court
1. The defendant was stopped on a traffic violation, appeared intoxicated, was arrested and taken in for an intoximeter test, during which time it was discovered that his automobile license tag did not match the vehicle. While looking for the vehicle identification number the officers saw and impounded contraband drugs for possession of which he was convicted in this case. The state’s attorney answered affirmatively the question, "This DUI charge has already been disposed of?” On objection the court instructed the jury that they were not to consider any other charge against the defendant; that the fact that he was charged with driving under the influence and that case disposed of had no bearing on the case on trial; that they were not to consider the DUI charge. We consider the instructions sufficient, especially in view of the fact that the disposition of the DUI charge was not stated by the witness, and the defendant himself later volunteered that he paid the fine in that case. Shelly v. State, 108 Ga. App. 6 (2) (132 SE2d 228).
2. A peace officer testified that there was a
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.