Sanders v. State, 52130

• Citation: 138 Ga.App. 774,227 S.E.2d 504
• Decision Date: 24 May 1976
• Docket Number: No. 2,No. 52130,52130,2
• Parties: T. L. SANDERS v. The STATE
• Court: United States Court of Appeals (Georgia)

Page 504

227 S.E.2d 504

138 Ga.App. 774

T. L. SANDERS v. The STATE.

No. 52130.

Court of Appeals of Georgia, Division No. 2.

May 24, 1976.

Emory M. Hiers, Moultrie, for appellant.

H. Lamar Cole, Dist. Atty., Richard W. Shelton, Asst. Dist. Atty., Valdosta, for appellee.

PANNELL, Presiding Judge.

The defendant was convicted of theft by taking. He appeals the judgment of conviction.

1. Defense counsel attempted to introduce into evidence a newspaper article. This article contained a description of the suspect sought in the crime with which the defendant was charged. The state objected to this evidence as hearsay, and the trial judge sustained the objection. The author of the article had previously testified that all his information concerning the crime had come from the Moultrie Police Department and that he had no personal knowledge of the facts. Thus, the value of the evidence sought to be introduced rested mainly on the veracity and competency of other persons. 'Hearsay evidence is that which does not derive its value solely from the credit of the witness, but rests mainly on the veracity and competency of other persons. The very nature of the evidence shows its weakness, and it is admitted only in specified cases from necessity.' Code § 38-301.

The newspaper article was hearsay evidence and did not come under any exception to the hearsay rule. The trial judge properly excluded it from the evidence in the case.

2. The defendant requested that the court give the following charge: 'The fact that there is some evidence that the defendant admitted taking the rings, but no evidence showing that he admitted taking the rings from Cranford Jewelry Store, such evidence is to be considered only as an incriminatory admission, and is not to be considered a confession by the defendant.' The trial judge did not give the requested charge, but charged as follows: 'Now, Members of the Jury, I leave it to you to determine whether or not there has been any admission made by the Accused in this case. Now, an admission, as applied to a criminal case, is not a confession, but is a statement by the Defendant of a fact, or facts, pertinent to the issue, and tending, in connection with other facts or circumstances, to prove the guilt or innocence of the Accused, but which, of itself, is not enough to authorize a conviction, and if you believe any admission was made by the Defendant, in this case, and that any such admission was freely and voluntarily made, without the hope of any benefit, or any fear of injury, as to any fact or facts tending to illustrate the Defendant's guilt or innocence, then you are authorized to consider the same, in connection with and in the light of any other facts bearing upon the guilt or innocence of the Accused, and from all the...