Crowe v. State, 62677

Decision Date27 October 1981
Docket NumberNo. 62677,62677
Citation160 Ga.App. 189,287 S.E.2d 56
PartiesCROWE v. The STATE.
CourtGeorgia Court of Appeals

Lynwood D. Jordan, Jr., Augusta, for appellant.

Rafe Banks III, Dist. Atty., George W. Weaver, Asst. Dist. Atty., for appellee.

BIRDSONG, Judge.

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.

SHULMAN, P.J., and SOGNIER, J., concur.

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3 cases
  • Hall v. State
    • United States
    • Georgia Court of Appeals
    • 4 Octubre 1985
    ...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......
  • Ramsey v. State
    • United States
    • Georgia Court of Appeals
    • 22 Febrero 1983
    ...court's 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. We find that the trial court's ruling admitting the recordings was not clearly erroneous and that there is no merit in th......
  • Johnson v. Rex Evans RV Center, 62693
    • United States
    • Georgia Court of Appeals
    • 27 Octubre 1981
    ... ... After possession was awarded to Evans, it appears that Evans left the state of Georgia, leaving the mobile home with the Sheriff of Colquitt County though the record is not ... ...

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