Crowe v. State, 62677
Decision Date | 27 October 1981 |
Docket Number | No. 62677,62677 |
Citation | 160 Ga.App. 189,287 S.E.2d 56 |
Parties | CROWE v. The STATE. |
Court | Georgia Court of Appeals |
Lynwood D. Jordan, Jr., Augusta, for appellant.
Rafe Banks III, Dist. Atty., George W. Weaver, Asst. Dist. Atty., for appellee.
Melvin Crowe appeals his conviction of aggravated assault, contending that the trial court erred in allowing tape recorded incriminating statements he made to interrogating police officers to be played to the jury, when at the time the statements were made he was intoxicated and proceeding under hope of reward. These tapes were not transcribed for inclusion in the record on appeal. However, the testimony of the interrogating officers as disclosed in the transcript of the pretrial Jackson-Denno hearing supports the trial court's finding that the statements passed the threshold test of voluntariness sufficiently to permit their submission to the jury. Moreover, no objection was made at trial to their admission. Unless clearly erroneous, a trial court's findings as to factual determinations and credibility relating to admissibility will be upheld on appeal. Fowler v. State, 246 Ga. 256, 257(3), 271 S.E.2d 168. Absent a proper objection and any showing that the statements were involuntary, their admission into evidence was not erroneous. Kennedy v. State, 156 Ga.App. 792, 275 S.E.2d 339. Accord, Johnson v. State, 158 Ga.App. 333, 280 S.E.2d 379; Lee v. State, 154 Ga.App. 562(1), 269 S.E.2d 65).
Judgment affirmed.
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...findings as to factual determinations and credibility relating to admissibility will be upheld on appeal. [Cit.]" Crowe v. State, 160 Ga.App. 189, 287 S.E.2d 56 (1981); see Brooks v. State, 141 Ga.App. 725(8), 234 S.E.2d 541 2. Both appellants cite as error the trial court's denial of their......
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