Georgia Court Of Appeals, (October 15, 1993)
Docket number: A93A1188
DECIDED
POPE, Chief Judge. - DECIDED
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http://vlex.com/vid/gaston-v-the-state-20437568
Id. vLex: VLEX-20437568
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Judgment affirmed. Birdsong, P. J., and Andrews, J., concur.

Supreme Court of Georgia - WATERS v. THE STATE., 248 Ga. 355, 283 S.E.2.d 238
Supreme Court of Georgia - JOHNSON v. THE STATE., 238 Ga. 59, 230 S.E.2.d 869 (1976)
Georgia Court Of Appeals - Pierre v. The State., 189 Ga. App. 364, 375 S.E.2d 511 (1988)
Clemmie Gaston, pro se.M. Kirby Wood, for appellant.
Defendant was convicted by a jury of trafficking in cocaine. He appeals following the denial of his motion for new trial.1. Contrary to defendant's first and eighth enumerations of error, the evidence adduced at trial was sufficient to authorize a rational trier of fact to find defendant guilty of the crime charged beyond a reasonable doubt.2. The defendant contends the trial court erred by allowing the prosecutor, over objection, to propound the following question to the jury on voir dire: "Is there any juror who holds the view that drugs should be decriminalized or made legal, either marijuana, cocaine, any drug."" 'In Waters v. State, 248 Ga. 355, 363 (283 SE2d 238) (1981), (the Supreme Court of Georgia) noted that "(v)oir dire should allow both parties an opportunity to ascertain the ability of the prospective jurors to decide the case on its merits, with objectivity and freedom from bias and prior inclination. (Cit.) However, no question should require a response from a juror which might amount to a prejudgment of the case. (Cit.) Since the distinction between questions which ask jurors how they would decide issues of a case if and when such issues are presented and questions which merely inquire whether jurors can start the case without bias or prior inclination is not always crystal clear, the 'control of the voir dire examination is vested in the sound legal discretion of the trial judge and will not be interfered with by this court unless the record clearly shows an abuse of that discretion.' (Cits.)" ' [Cits.] Because our review of the record reveals no manifest abuse of discretion in the case sub judice, we will not on review interfere with the trial court's decision to allow the State to question potential jurors in the manner described above. Accordingly, this enumeration is without merit." Kent v. State,Try vLex for FREE for 3 days
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