McNair v. State, A89A0013
Decision Date | 21 February 1989 |
Docket Number | No. A89A0013,A89A0013 |
Citation | 190 Ga.App. 412,379 S.E.2d 424 |
Parties | McNAIR v. The STATE. |
Court | Georgia Court of Appeals |
William T. Hankins III, Statesboro, for appellant.
Robert E. Wilson, Dist. Atty., Eleni Ann Pryles, Thomas S. Clegg, Asst. Dist. Attys., for appellee.
Defendant appeals his conviction of the offense of burglary. Held:
1. In his first enumeration of error defendant contends the trial court should have granted his motion for directed verdict of acquittal since the State failed to prove that defendant entered the building with intent to commit a theft. The State's evidence shows that the building in which two businesses were operated was a former gas station. Defendant had gained entrance to the building via a door opening into a rest room by kicking or prying open a door. Inside the rest room defendant had attempted to break through a concrete block or brick wall which would permit access to the remainder of the building. Located on the opposite side of the interior wall defendant unsuccessfully attempted to penetrate was sporting goods equipment belonging to one of the businesses operated in the building. " Green v. State, 158 Ga.App. 321(1), 279 S.E.2d 763. See also Fennell v. State, 159 Ga.App. 194, 195, 283 S.E.2d 72; Loury v. State, 147 Ga.App. 152(1), 248 S.E.2d 291; and Ealey v. State, 139 Ga.App. 604, 605(2), 607, 229 S.E.2d 86.
2. After a Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 hearing was held outside the presence of the jury, the trial court allowed into evidence an in-custody statement made by defendant to police. Defendant contends that, despite the lack of objection at trial, the statement is inadmissible because the trial court failed to make a clear finding that the statement was made voluntarily before the jury heard the statement. See Fain v. State, 165 Ga.App. 188, 189(6), 300 S.E.2d 197. This issue has been decided adversely to defendant. " ...
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...12 L.Ed.2d 908 hearing outside the presence of the jury. Consequently, there was no requirement for such a hearing. McNair v. State, 190 Ga.App. 412, 413(2), 379 S.E.2d 424. Nonetheless, defendant claims that he challenged the admissibility of his custodial statement in a pre-trial motion t......
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...inside the premises can support an inference of intent to steal, particularly when no other motive is apparent. McNair v. State, 190 Ga.App. 412, 413(1), 379 S.E.2d 424. Here, that appellant was found actually holding the only valuable in the closet makes the jury's finding of an intent to ......
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