SMITH v. STATE

57658.

150 Ga. App. 498 (1979)

258 S.E.2d 167

SMITH v. THE STATE.

Court of Appeals of Georgia.

Decided June 5, 1979.

Rehearing Denied June 28, 1979.


Attorney(s) appearing for the Case

Stephen M. Friedberg, for appellant.

John Smith, pro se.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, H. Allen Moye, Assistant District Attorneys, for appellee.


DEEN, Chief Judge.

The appellant was tried and convicted of burglary and brings this appeal following the denial of his motion for a new trial.

During the trial, the defendant admitted that he broke into an automobile paint and body shop to get some tires and that he stole a stereo. "A defendant's admission in open court is an admission in judicio, and the fact therein stated may be taken as true without further proof. ... Such judicial admission is conclusive...

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