PHILLIPS v. STATE

53831.

142 Ga. App. 581 (1977)

236 S.E.2d 519

PHILLIPS v. THE STATE.

Court of Appeals of Georgia.

Decided May 26, 1977.

Rehearing Denied June 20, 1977.


Attorney(s) appearing for the Case

Gilberg, Kraselsky & Owens, Larry B. Owens, for appellant.

William S. Lee, District Attorney, Hobart M. Hind, Assistant District Attorney, for appellee.


QUILLIAN, Presiding Judge.

The defendant appeals his conviction for burglary. Held:

1. The first enumeration of error complains of the failure to charge Code § 38-414 regarding a confession by a joint offender or conspirator. The facts show that a co-conspirator did make a "statement"; however, no such "statement" was introduced into evidence. Instead, the co-conspirator testified as to the defendant's involvement in the criminal enterprise.

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