Pounds v. State, 77478

Decision Date09 January 1989
Docket NumberNo. 77478,77478
Citation377 S.E.2d 722,189 Ga.App. 809
PartiesPOUNDS v. The STATE.
CourtGeorgia Court of Appeals

Robert H. Cofer II, Thomson, for appellant.

Dennis C. Sanders, Dist. Atty., for appellee.

POPE, Judge.

Defendant Johnnie Pounds appeals from his conviction and sentence for the offense of armed robbery.

1. Defendant first contends that the trial court erred in admitting his confession into evidence because it was induced by hope of benefit in violation of OCGA § 24-3-50. "The benefit which [defendant] insists was an inducement to confess was a reduction in his bond. This argument fails for two reasons.

"First, the officer who took [defendant's] statement testified that it was [defendant] who first raised the notion of a reduction of bail bond. [Likewise, the defendant testified that he decided to 'lie on myself' so that he could get his bond reduced, be released and go home for a few hours to kill some hogs. The defendant also testified that the officer 'didn't ask me to lie on myself. I did it myself. He didn't ask me to do that.'] That being so, [defendant's] hope of benefit was not induced by another and would not serve to render his confession inadmissible. Dickey v. State, 157 Ga.App. 13(1), 276 S.E.2d 75 [ (1981) ].

"Second, a hope of lighter punishment (induced by one other than the defendant) is usually the hope of benefit to which OCGA § 24-3-50 ... refers. Presnell v. State, 241 Ga. 49(5) (243 SE2d 496), revd. on other grounds, 439 U.S. 14 (99 SC 235, 58 LE2d 207) [ (1978) ]. In this case the only benefit involved was a reduction of bond. We find that to be in the same class of collateral benefits as were the promises of a solitary cell, a psychiatric examination and communication to the judge of the defendant's cooperation in Presnell. See OCGA § 24-3-51...." (Punctuation omitted.) Heard v. State, 165 Ga.App. 252, 253, 300 S.E.2d 213 (1983). Consequently, this enumeration is without merit. Accord Cooper v. State, 256 Ga. 234(2), 347 S.E.2d 553 (1986); Hall v. State, 180 Ga.App. 366(1), 349 S.E.2d 255 (1986).

2. Defendant also asserts error in the prosecutor's waving in front of the defendant and the jury a document which, according to the defendant, contained evidence of past criminal activity. However, the record reveals that neither the document or its contents were identified before the jury, that no testimony was elicited indicating the contents of the document and that the document was not introduced into...

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7 cases
  • Lucas v. State
    • United States
    • Georgia Court of Appeals
    • July 31, 2014
    ...a promise to secure bond is a hope of benefit which would render a confession inadmissible, see generally Pounds v. State, 189 Ga.App. 809, 810(1), 377 S.E.2d 722 (1989) (a reduction of bond is a collateral benefit, not the hope of lighter punishment which renders a confession inadmissible)......
  • Hart v. State, A89A1152
    • United States
    • Georgia Court of Appeals
    • December 5, 1989
    ...as appellant did adduce at that hearing would fail to show that his statement was involuntary. See generally Pounds v. State, 189 Ga.App. 809(1), 377 S.E.2d 722 (1989); Frymyer v. State, 179 Ga.App. 391(1), 346 S.E.2d 573 (1986). Thus, there is no reason to remand for findings of fact as to......
  • Pasuer v. State, A04A2207.
    • United States
    • Georgia Court of Appeals
    • January 7, 2005
    ...is a collateral benefit that does not make an otherwise admissible confession involuntary under OCGA § 24-3-50. Pounds v. State, 189 Ga.App. 809, 810(1), 377 S.E.2d 722 (1989); see also OCGA § 24-3-51 ("The fact that a confession has been made under ... a promise of collateral benefit shall......
  • Jackson v. State
    • United States
    • Georgia Court of Appeals
    • July 18, 2003
    ...not bar a confession under OCGA § 24-3-51.2Tillman v. State, 251 Ga.App. 330, 332(2), 554 S.E.2d 305 (2001); Pounds v. State, 189 Ga.App. 809, 810(1), 377 S.E.2d 722 (1989). Moreover, it is well established that a police officer is not offering a hope of benefit by telling a suspect that hi......
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