Jackson v. State
| Decision Date | 18 May 1976 |
| Docket Number | No. 31008,31008 |
| Parties | Johnny Lee JACKSON v. The STATE. |
| Court | Georgia Supreme Court |
Archie L. Gleason, Augusta, for appellant.
Richard E. Allen, Dist. Atty., Augusta, Arthur K. Bolton, Atty. Gen., Kirby G. Atkinson, Staff Asst. Atty. Gen., Atlanta, for appellee.
Appellant was convicted of murder and armed robbery. He was sentenced to two terms of life imprisonment to run consecutively. Held:
1. Appellant's incriminating statements made during in custody interrogation after indictment and before counsel was retained or appointed were admissible. The evidence supports a finding that appellant was properly advised of his rights under Miranda, waived them, and his statements were made freely and voluntarily. Bonds v. State, 232 Ga. 694, 208 S.E.2d 561 (1974). Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964) is not applicable here. That case was decided prior to Miranda and there was no waiver of rights by the defendant. See Pierce v. State, 235 Ga. 237, 238, 219 S.E.2d 158 (1975).
2. There was no error in admitting the pistol in evidence. Whether it was the pistol used in the killing here was a matter for the jury. West v. State, 232 Ga. 861, 863, 209 S.E.2d 195 (1974).
3. After a review of the record we have concluded that there was sufficient evidence, independent of the testimony of an accomplice, to connect appellant with the crime charged. 'The quantum of testimony and its sufficiency to corroborate the testimony of an accomplice before a jury is a matter addressed entirely to the jury itself.' Smith v. State, 236 Ga. 12, 16, 222 S.E.2d 308, 313 (1976).
Judgment affirmed.
All the Justices concur, except GUNTER, J., who concurs in the judgment only.
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