lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
MCCLOUD v. THE STATE.
A93A0993.
MCMURRAY, Presiding Judge.
Aggravated assault, etc. Glynn Superior Court. Before Judge Tuten.
Defendant was indicted for burglary (Count 1), aggravated assault (Count 2) and armed robbery (Count 3). The evidence adduced at a jury trial reveals that defendant entered the elderly victim's motel room via a broken window during the early morning hours of September 12, 1991, bludgeoned the victim and fled with the victim's watch and a package of "Snickers" candy bars. Defendant was found guilty of burglary, aggravated assault and the lesser included offense of robbery by force (after being tried for armed robbery). This appeal followed the denial of defendant's motion for new trial. Held:
1. In his third and fifth enumerations, defendant challenges the sufficiency of the evidence, contending his confession was not corroborated by other evidence as required by OCGA 24-3-53. This contention is without merit.
" '(A) conviction may be had on a confession although corroborated only by proof of the corpus delicti. (Cit.) The amount of evidence necessary to corroborate a confession is for the jury to decide, as it may consider the confession along with other facts and circumstances independent and separate from it in determining whether or not the corpus delicti has been established to their satisfaction. (Cit.)' Nation v. State, 180 Ga. App. 460, 461 (1) (349 SE2d 479) (1986)." Smith v. State, 195 Ga. App. 486, 488 (2) (393 SE2d 743).
2. Defendant contends in his second enumeration the trial court erred in relying on Detective Williams' hearsay testimony in determining whether probable cause existed for his warrantless arrest. This contention is without merit. The testimony given by Detective Williams at the motion to suppress hearing concerned an on-the-scene investigation which led to defendant's apprehension and arrest. The detective's testimony was therefore admissible as original evidence to explain the detective's conduct in arresting defendant. OCGA 24-3-2; Miller v. State, 194 Ga. App. 533, 535 (1b) (390 SE2d 901).
3. In his first enumeration, defendant contends the trial court erred in denying his motion to suppress, arguing that Detective Williams lacked probable cause to make the warrantless arrest. We do not agree.
"Probable cause to arrest exists where, based on objective facts and circumstances, a man of reasonable caution would believe that a crime has been or is being committed. Brinegar v. United States, 338 U. S. 160, 175-76 (69 SC 1302, 93 LE 1879) (1949)." Williams v. State, 251 Ga. 749, 792 (312 SE2d 40). In the case sub judice, Detective Williams testified that he arrested defendant after on-the-scene interviews with Danielle Marie Cocco and Jitendra Panchal, the manager of the motel where the victim resided. Detective Williams explained that these crime-scene reports led to defendant's apprehension and arrest on a public sidewalk less than 12 hours after commission of the crimes charged.
Danielle Marie Cocco informed Detective Williams that defendant led her to an area outside the victim's room two or three days before commission of the crimes charged; that defendant there informed Cocco that the victim was elderly, hard-of-hearing and an easy target for theft and that defendant then attempted to open a window into the victim's room, i.e., the same window used by the perpetrator of the crimes charged. Jitendra Panchal reported that he saw defendant on motel property two or three hours before commission of the crimes charged and that he saw defendant a few hours after the assault with "individually-wrapped Snicker bars . . . that matched the description of the items of property which had been taken during the robbery of [the victim]." These on-the-scene reports were sufficient to warrant any prudent person's belief that defendant was the perpetrator of the burglary, robbery by force and aggravated assault upon the victim. Accordingly, the warrantless arrest of defendant was supported by probable cause. See Waldrip v. State, 205 Ga. App. 864, 865 (424 SE2d 31).
4. Defendant contends in his fourth enumeration that the trial court erred in failing to give a charge on simply battery. This enumeration is without merit. "A trial judge never errs in failing to instruct the jury on a lesser-included offense where there is no written request to so charge. State v. Stonaker, 236 Ga. 1 (222 SE2d 354) (1976)." Comer v. State, 247 Ga. 167 (275 SE2d 309).
W. Glenn Thomas, Jr.,. District Attorney, Margaret L. Knight, Assistant District Attorney, for appellee.
James A. Yancey, Jr., for appellant.
DECIDED AUGUST 20, 1993.
Saturday May 23 06:50 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com