lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
BAUGHMAN v. THE STATE.
69352.
CARLEY, Judge.
Burglary. Richmond Superior Court. Before Judge Pickett.
Appellant was convicted of one count of burglary. He appeals.
1. Appellant enumerates as error the denial of his motion for a directed verdict. He contends that there was no evidence of an unauthorized entry into the premises of another.
Appellant's brother, who was also involved in the incident, testified that appellant participated in the crime, that appellant entered the building and removed certain items, and that appellant received some of the money and a pistol which were taken during the theft. Appellant subsequently sold the pistol to a third party. This evidence was sufficient to support the jury's finding beyond a reasonable doubt that appellant made an unauthorized entry into the premises of another with the intent to commit a theft therein. See Ingram v. State, 156 Ga. App. 506, 507 (274 SE2d 844) (1980); Thomas v. State, 146 Ga. App. 530 (2) (246 SE2d 514) (1978); Brown v. State, 159 Ga. App. 439 (283 SE2d 668) (1981); Wells v. State, 151 Ga. App. 416 (1) (260 SE2d 374) (1979), overruled on other grounds, Copeland v. State, 160 Ga. App. 786, 789 (12) (287 SE2d 120) (1981). Compare Ealey v. State, 139 Ga. App. 110 (227 SE2d 902) (1976).
2. It appears that at a preliminary hearing on the charge against appellant, the rule of sequestration was invoked. The manager of the burglarized premises was the first witness at that hearing, and after he testified he was permitted over objection to remain in the courtroom. At the subsequent trial of the case, the manager was again the first witness called by the State, and appellant sought to have his testimony excluded on the ground that he had intentionally and wilfully violated the rule of sequestration at the prior hearing. The overruling of appellant's objection to the manager's trial testimony is enumerated as error.
We note at the outset that the magistrate at the preliminary hearing did not abuse his discretion in permitting the manager to remain in the courtroom after he had testified. See Stevens v. State, 247 Ga. 698, 702 (6) (278 SE2d 398) (1981). Moreover, even if there had been an actual violation of the rule of sequestration at the preliminary hearing and that violation could even be raised at the subsequent trial, the trial court's decision to permit the witness to testify was not erroneous. "In criminal cases, the violation of the rule of sequestration by any witness either for the defense or for the prosecution goes to the credibility rather than to the admissibility of the witness' testimony. [Cits.]" Blanchard v. State, 247 Ga. 415, 417 (276 SE2d 593) (1981). See also Graves v. State, 167 Ga. App. 246, 250 (10) (305 SE2d 913) (1983).
Daniel J. Craig, for appellant.
DECIDED FEBRUARY 1, 1985.
Thursday May 21 16:10 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com