Jones v. State, 30229
| Citation | 235 Ga. 103,218 S.E.2d 899 |
| Decision Date | 11 September 1975 |
| Docket Number | No. 30229,30229 |
| Parties | Willie Clyde JONES, Jr. v. The STATE. |
| Court | Supreme Court of Georgia |
Grace W. Thomas, Atlanta, for appellant.
Fred M. Hasty, Dist. Atty., Walker P. Johnson, Jr., Asst. Dist. Atty., Macon, Arthur K. Bolton, Atty. Gen., Lois F. Oakley, Staff Asst. Atty. Gen., Atlanta, for appellee.
Appellant was convicted on two counts of rape and four counts of kidnapping. He was sentenced to two life terms for rape and four twenty year terms for kidnapping, all to run concurrently. This appeal followed.
The evidence shows appellant along with three others at gunpoint abducted two boys and two girls who were 'double dating.' The boys were restrained while the girls were raped. An alleged accomplice testified to the crimes and identified appellant as a co-conspirator. Appellant entered a general denial and introduced evidence that he was not present. The victims were unable to identify the appellant. Held:
1. The evidence was sufficient to support the verdict.
2. The testimony of the co-conspirator was corroborated by appellant's own oral statement to a police officer that, Soloman's testimony was further corroborated in part by another alleged co-conspirator who was indicted only for kidnapping. The facts of the kidnappings and rapes were established by testimony of the victims, immediate outcries and medical evidence. Sims v. State, 229 Ga. 33, 189 S.E.2d 68.
3. We find no error in the trial court's charge that the testimony of an accomplice is sufficient to corroborate the testimony of another accomplice. It was applicable here where two accomplices testified and corroborated each other although not as to all material facts. Walker v. State, 57 Ga.App. 868, 870, 197 S.E. 67.
4. The trial court did not err in instructing the jury that, 'You are the judges of the law in the case but you take the law as given you in the charge by the court and applying it to the facts as you find the facts to be you return a verdict that speaks the truth of the case . . .' Code Ann. §§ 2-201, 27-2301.
5. The evidence was sufficient to support a finding that appellant's statement was given freely and voluntarily. Among other evidence he waived his Miranda rights in writing.
6. There is no merit in the appellant's contention that the trial court, without request, erred in failing to charge alibi. There was no request to charge...
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Miller v. State
...accomplices and was therefor insufficient to convict. Id. In any event, accomplices can corroborate each other. See Jones v. State, 235 Ga. 103(3), 218 S.E.2d 899 (1975) ; Skipper v. State, 314 Ga.App. 870, 872, 726 S.E.2d 127 (2012). Pursuant to the standard set forth in Jackson v. Virgini......
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...was sufficient to corroborate the testimony of the other, "although not as to all material facts. [Cit.]" Jones v. State, 235 Ga. 103, 104(3), 218 S.E.2d 899 (1975). See also Garner v. State, 72 Ga.App. 819, 35 S.E.2d 317 (1945). The evidence was not overwhelming, but it was sufficient to a......
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Llewellyn v. State
...other's testimony as to conversations with the appellant. Hackney v. State, 233 Ga. 416(7), 211 S.E.2d 714 (1975); Jones v. State, 235 Ga. 103(3), 218 S.E.2d 899 (1975). Furthermore, there was evidence of appellant's efforts to silence Day and Schneider or to influence them not to testify a......
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Terry v. State, 58485
...Rouse v. State, 136 Ga. 356(6), 71 S.E. 667 (1911). The authority cited by appellant in support of his contention, Jones v. State, 235 Ga. 103(4), 218 S.E.2d 899 (1975), does not suggest a contrary 4. Appellant's remaining enumerations of error, directed to the court's charge to the jury, a......