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Lawskills.com Georgia Caselaw
MOLISANI v. THE STATE.
53755.
BELL, Chief Judge.
Kidnapping. Chatham Superior Court. Before Judge Cheatham.
1. Evidence was admitted over objection relating to the demand for and the payment of ransom. The defendant's objection was that since he was indicted only for the lesser crime of simple kidnapping and not for the greater offense of kidnapping for ransom, this evidence was immaterial to the issue. See Code 26-1311. The sole evidence linking the defendant with the crime charged consisted of his participation in the pick-up of the ransom money. This evidence was properly admitted as it tended to identify defendant as a party to the crime charged and was part of the res gestae. Cox v. State, 165 Ga. 145 (139 SE 861).
2. The evidence authorized the conviction.
Andrew J. Ryan, III, District Attorney, Robert M. Hitch, III, Assistant District Attorney, for appellee.
Brannen, Wessels & Searcy, Charles H. Wessels, for appellant.
SUBMITTED APRIL 5, 1977 -- DECIDED MAY 6, 1977.
Saturday October 11 11:22 CDT


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