Cash v. State
| Decision Date | 16 May 1983 |
| Docket Number | No. 65733,65733 |
| Parties | CASH v. The STATE. |
| Court | Georgia Court of Appeals |
Donn M. Peevy, Lawrenceville, for appellant.
W. Bryant Huff, Dist. Atty., Genevieve L. Frazier, Asst. Dist. Atty., for appellee.
This appeal is from appellant's conviction for burglary. He enumerates as error the denial of his motion to suppress, the admission into evidence of an in-custody statement he made, and the trial court's refusal to give certain requested charges to the jury.
1. Appellant's motion to suppress was premised on his contention that the affidavit on which the search warrant was based was defective because the hearsay declarants were not shown to be reliable. However, Tuzman v. State, 145 Ga.App. 761, 766, 244 S.E.2d 882.
2. A statement made by appellant was read into evidence. He argued at trial and argues here that there was not a sufficient showing that his statement was voluntarily made. We disagree. Notwithstanding defense counsel's repeated and unsuccessful attempts to elicit testimony that appellant was led to believe that he was required to give a statement, the testimony of the police officer who took the statement, corroborated by appellant's testimony, met the test enunciated in Williams v. State, 238 Ga. 298, 232 S.E.2d 535. The statement's voluntariness was adequately shown.
3. Appellant's contention that the trial court erred in permitting the state to have a typed transcript of appellant's statement read into the record is also without merit. Prior to the admission of the statement, there was a thorough examination of the police officer who took the statement and the foundation required by Estes v. State, 232 Ga. 703(4b), 208 S.E.2d 806, was established.
4. Appellant's enumeration of error concerning four requested charges refused by the trial court must fail because none of the requests was supported by the evidence. Murphy v. State, 146 Ga.App. 721(6), 247 S.E.2d 186, overruled on other grounds, Bundren v. State, 247...
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