McDaniel v. State, 61404
| Decision Date | 20 April 1981 |
| Docket Number | No. 61404,61404 |
| Citation | 279 S.E.2d 762,158 Ga.App. 320 |
| Parties | McDANIEL v. The STATE. |
| Court | Georgia Court of Appeals |
Robert D. Peckham, Vicki Affleck, Athens, for appellant.
Harry N. Gordon, Dist. Atty., B. Thomas Cook, Asst. Dist. Atty., for appellee.
Appellant was convicted of burglary. His sole enumeration of error on appeal is that the trial court committed reversible error in failing to charge the jury on the law governing accomplice testimony and the necessity for corroboration thereof.
The transcript reveals that appellant neither requested a charge on the law governing the testimony of an accomplice nor excepted to the omission of such charge. Thus, appellant's contention that the trial court erred in failing to so charge is controlled adversely to him by Durham v. State, 41 Ga.App. 421(2), 153 S.E. 222 (1930). Williamson v. State, 146 Ga.App. 401(3), 246 S.E.2d 421 (1978). See also Jackson v. State, 246 Ga. 459, 271 S.E.2d 855 (1980).
Moreover, the rule that a felony conviction is not to be had on the uncorroborated testimony of an accomplice applies only when the accomplice is the sole witness upon whose testimony the state relies. Code Ann. § 38-121; Hall v. State, 241 Ga. 252(7), 244 S.E.2d 833 (1978). In the instant case, a witness other than the alleged accomplice testified that, shortly after the time of the alleged burglary, he saw the appellant in possession of property positively identified as being taken in the burglary. Carter v. State, 227 Ga. 788, 794(5), 183 S.E.2d 392 (1971); accord, Williamson v. State, supra; Smith v. State, 154 Ga.App. 741(3), 270 S.E.2d 5 (1980).
Judgment affirmed.
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...when the accomplice is the sole witness upon whose testimony the [S]tate relies. (Cits.)' (Emphasis in original.) McDaniel v. State, 158 Ga.App. 320, 279 S.E.2d 762 (1981). In the instant case, the State introduced evidence other than the testimony of [Terry's accomplice], including evidenc......
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...of the appellant was not based solely upon the accomplice's testimony, further obviating the need for such a charge. McDaniel v. State, 158 Ga.App. 320, 279 S.E.2d 762. (b) The court did not err in its charge to disregard the self-serving statement by Maxwell that he had requested a polygra......
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...when the accomplice is the sole witness upon whose testimony the [S]tate relies. [Cits.]" (Emphasis in original.) McDaniel v. State, 158 Ga.App. 320, 279 S.E.2d 762 (1981). In the instant case, the State introduced evidence other than the testimony of appellant's co-defendants, including ev......
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