HOWARD v. STATE

51208.

137 Ga. App. 352 (1976)

223 S.E.2d 745

HOWARD v. THE STATE.

Court of Appeals of Georgia.

Decided January 7, 1976.

Rehearing Denied January 23, 1976.


Attorney(s) appearing for the Case

John W. Timmons, Jr., Robert D. Peckham, Jack H. Affleck, for appellant.

Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.


MARSHALL, Judge.

Howard appeals his conviction and fifteen-year sentence for burglary enumerating two errors. Held:

1. Appellant contends in his first enumeration of error that the trial court erred in instructing the jury that appellant's silence when circumstances required him to speak may amount to an admission. Appellant had been apprehended by policemen near the scene of a reported burglary of the prosecutrix' house. He was taken by the police...

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