# White v. State

> Supreme Court of Georgia · February 15, 1979 · 243 Ga. 250

URL: https://www.frixlaw.com/law-library/cases/9576628

## Case

- **Full name:** White v. the State
- **Court:** Supreme Court of Georgia
- **Decided:** February 15, 1979
- **Citations:** 243 Ga. 250; 253 S.E.2d 694; 1979 Ga. LEXIS 872
- **Precedential status:** Published
- **Opinion:** Dissent by Jordan
- **Judges:** Hall, Bowles, Jordan, Hill
- **Cited by:** 111 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9576628

## How later opinions describe it (automated extraction)

- holding that "[w]here the trial court inquires whether there was objection [to the jury charges] and the defendant's counsel states that he reserves the right to object in his motion for new trial or appeal, there is no waiver" of appellate review

## Opinion text

*252 Jordan, Justice,
dissenting.
I dissent to the majority opinion for the reasons stated by Justice Gunter in his dissent in Hill v. State, 237 Ga. 523 ( 228 SE2d 898 ) (1976) in which I concurred.
The 1968 amendment to the Appellate Practice Act (Ga. L. 1968, pp. 1072, 1078) clearly expresses the legislative intent that defendants in criminal cases are excluded from the requirement of objecting to an allegedly erroneous charge or omission to charge in order to preserve that issue on appeal. I think this court is bound by that pronouncement until a contrary expression is made by the legislature.
I agree that a defendant can waive this benefit in the same manner as other rights might be waived. But the record should show an affirmative, clear and intelligent waiver, of this important right given to him under the law.
Such is not shown by the record in this case and the Court of Appeals erred in so holding.
I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9576628. Public record. Not legal advice.