Fields v. State, 29112

• Decision Date: 06 September 1974
• Docket Number: No. 29112,29112
• Citation: 232 Ga. 723,208 S.E.2d 822
• Parties: Ulysses FIELDS v. The STATE.
• Court: Georgia Supreme Court

Page 822

208 S.E.2d 822

232 Ga. 723

Ulysses FIELDS v. The STATE.

No. 29112.

Supreme Court of Georgia.

Sept. 6, 1974.

Percy J. Blount, Augusta, for appellant.

Richard E. Allen, Dist. Atty., Augusta, Arthur K. Bolton, Atty. Gen., G. Stephen Parker, Asst. Atty. Gen., Atlanta, for appellee.

Syllabus Opinion by the Court

NICHOLS, Presiding Justice.

In September, 1972, the defendant was indicted for five counts of armed robbery, two counts of robbery by force, and one count of motor vehicle theft. Upon his trial he was found guilty of all eight counts and sentenced to five years imprisonment for each offense. The jury directed that the sentences be served consecutively. Thereafter, the present appeal was filed.

1. After the defendant was arrested, prior to indictment, one of the victims identified him as the person who had robbed him at gunpoint. This was a face-to-face confrontation in the police department and not a part of any lineup. The witness testified as to the robbery, how it occurred, how long he viewed the defendant and all the other circumstances surrounding such robbery. Under decisions exemplified by Kirby v. Illinois, 406 U.S. 682, 92 S.Ct. 1877, 32 L.Ed.2d 411; Brand v. Wofford, 230 Ga. 750, 199 S.E.2d 231, and similar cases, the failure to provide counsel for the defendant at such pre-indictment confrontation was not error and the admission of evidence by the victim during the trial of the case identifying the defendant as the person who committed the armed robbery was not error. The in-court identification was shown to have had an independent origin.

2. The second enumeration of error contends that the confession made by the defendant of one of the robberies was not corroborated by the evidence, and that therefore there was not sufficient evidence to warrant any conviction on such count.

'A confession of guilt, freely and voluntarily made by the accused, is direct evidence of the highest character and sufficient to authorize a conviction when corroborated by proof of the corpus delicti. Davis v. State, 211 Ga. 76(3), 84 S.E.2d 46; Gilder v. State, 219 Ga. 495(2), 133 S.E.2d 861; Thompkins v. State, 222 Ga. 420(1), 151 S.E.2d 153.' Lowe v. State, 225 Ga. 56, 165 S.E.2d 861.

The victim of this robbery testified as to the fact of the robbery and that the defendant looked similar to one of the armed robbers. This evidence, together with the evidence of the defendant's confession, authorized the jury's verdict as to this count of the indictment.

3. The fourth enumeration of error complains that the trial court did not charge, without request, the law of alibi.

'This court has upon many occasions ruled that it is not error to fail to charge on alibi when there is no request therefor and the only basis for alibi consists of a defendant's unsworn statement. Wynes v. State, 182 Ga. 434(5), 185 S.E. 711; Bagley v. State, 212 Ga. 206(3), 91 S.E.2d 506.' Bryant v. State, 229 Ga. 60, 62, 189 S.E.2d 435, 437; Hunt v. State, 229 Ga. 869(3), 195 S.E.2d 31. In the present case the defense of the alibi, if it was raised at all, was raised only in the defendant's unsworn statement, and there was no request to charge on...