BRUNDAGE v. STATE

54038.

143 Ga. App. 1 (1977)

237 S.E.2d 473

BRUNDAGE v. THE STATE.

Court of Appeals of Georgia.

Decided July 15, 1977.


Attorney(s) appearing for the Case

John Lee Parrott, for appellant.

Joseph H. Briley, District Attorney, Charles D. Newberry, Assistant District Attorney, for appellee.


BELL, Chief Judge.

The defendant was convicted of theft by taking of two pieces of machinery. Held:

1. The trial court refused to admit into evidence on its own motion, a "bill of sale" for a "bob cat." The document was clearly irrelevant as it pertained to a different "bob cat" than the one alleged to have been stolen. A court may exclude evidence on its own motion that is not relevant, material or competent. Moody v. Davis, 10 Ga. 403.

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