Milner v. State, 64706
| Decision Date | 08 October 1982 |
| Docket Number | No. 64706,64706 |
| Citation | 163 Ga.App. 827,296 S.E.2d 360 |
| Parties | MILNER v. The STATE. |
| Court | Georgia Court of Appeals |
James W. Howard, Public Defender, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, John M. Turner, Asst. Dist. Attys., Atlanta, for appellee.
The defendant appeals his conviction for burglary. Held:
1. Assuming arguendo that the trial court improperly admitted hearsay testimony from one of the state's witnesses, this would not require reversal of the defendant's conviction since the case was tried without a jury. In a non-jury trial, "the trial judge has a much broader discretion in the admission of evidence since it is presumed that in his consideration of the evidence he sifted the wheat from the chaff and selected the legal testimony." Dowling v. Jones-Logan Co., 123 Ga.App. 380, 382(3), 181 S.E.2d 75 (1971).
2. The evidence, which included testimony that the defendant made an admission of guilt to one of the victims, was sufficient to permit a rational trier of fact to find him guilty of burglary beyond a reasonable doubt. It follows that the trial court did not err in denying his motion for directed verdict of acquittal, which was improperly denominated a "motion for summary judgment."
Judgment affirmed.
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Graves v. State
...admitting evidence than in cases where a jury is involved. Davis v. State, 189 Ga.App. 412, 376 S.E.2d 421 (1988); Milner v. State, 163 Ga.App. 827, 296 S.E.2d 360 (1982). When the judge sits as the trier of fact, it is presumed that he will consider only legally admissible evidence. Bailey......
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Davis v. State, 77762
...that in a bench trial the court has broader discretion in admitting evidence than in cases where a jury is involved. Milner v. State, 163 Ga.App. 827, 296 S.E.2d 360 (1982). In the instant case the trial judge expressly stated for the record, "The court has removed from its mind any slight ......
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