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Lawskills.com Georgia Caselaw
MCLENDON v. THE STATE.
75055.
BENHAM, Judge.
Burglary. Fulton Superior Court. Before Judge Williams.
Appellant was convicted of burglary. On appeal he raises the general grounds and challenges the admission into evidence of a similar crime. We affirm.
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Miller v. State, 180 Ga. App. 525 (1) (349 SE2d 495) (1986).
2. During the trial, the State sought to admit evidence of a similar burglary appellant committed in 1974. Appellant objected, arguing that the act was too remote in time to be admissible. The trial court properly allowed the evidence to be admitted, relying on Milton v. State, 245 Ga. 20 (262 SE2d 789) (1980); and Barnes v. State, 157 Ga. App. 582 (277 SE2d 916) (1981), which held that the remoteness of time factor is one that goes to the weight and credibility the jury gives to the evidence, and not to its admissibility. Since the earlier crime was almost identical to the one committed 12 years later, we find no error in its admission into evidence.
Lewis R. Slaton, District Attorney, David Wright, H. Allen Moye, Assistant District Attorneys, for appellee.
Sheila Tyler, for appellant.
DECIDED SEPTEMBER 28, 1987.
Thursday May 21 14:35 EDT


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