Collins v. State
| Decision Date | 16 January 1975 |
| Docket Number | No. 49891,No. 2,49891,2 |
| Citation | 133 Ga.App. 716,213 S.E.2d 19 |
| Parties | A. L. COLLINS v. The STATE |
| Court | Georgia Court of Appeals |
Horton J. Greene, Alpharetta, for appellant.
Bryant Huff, Dist. Atty. Gary Davis, Dawson Jackson, Asst. Dist. Attys., Lawrenceville, for appellee.
Syllabus Opinion by the Court
Defendant was charged with and convicted by a jury of motor vehicle theft of a U-Haul truck. The trial court admitted, over objection, testimony that defendant was burglarizing a K-Mart store and loading goods from the store into the U-Haul truck at the time he was arrested. One police officer testified he saw defendant in the vicinity of the service station where the U-Haul truck had been parked, at 3:15 a.m., November 29, 1973. Another police officer testified that at approximately 5:00 a.m. that same morning he received a call of a possible burglary in progress, and upon responding to the call, found defendant loading groceries from the store into the U-Haul truck backed up to the rear of the store.
Defendant contends that evidence of his burglary was inadmissible because it placed his character in issue when he had not done so himself. Held:
The evidence of defendant's burglary was admissible as part of the res gestae of the crime of the theft of the truck for which he was being tried. King v. State, 230 Ga. 581, 582, 198 S.E.2d 305, 306; Davis v. State, 230 Ga. 902(2), 199 S.E.2d 779; Katzensky v. State, 228 Ga. 6(1), 183 S.E.2d 749; Hill v. State, 161 Ga. 188(2), 129 S.E. 647.
Judgment affirmed.
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