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Lawskills.com Georgia Caselaw
GRAHAM v. THE STATE.
41208.
PANNELL, Judge.
Burglary. Walker Superior Court. Before Judge Fariss.
2. While, ordinarily, the confession of one joint offender or conspirator, made after the enterprise is ended, shall be admissible only against himself (Code 38-414), yet evidence as to written admissions or confessions of guilt, involving the defendant on trial, made by a co-conspirator after the termination of the conspiracy, was admissible, where it appeared that they were made in the presence of the defendant himself and were then freely and voluntarily declared by the defendant to be true. Gunter v. State, 19 Ga. App. 772 (5) (92 SE 314); Morris v. State, 177 Ga. 106 (1), 110 (169 SE 495; Jenkins v. State, 190 Ga. 556 (5), 561 (9 SE2d 909).
3. The above evidence having been properly admitted and the evidence authorizing the verdict of guilty found by the jury, there was no error in overruling the grounds of the motion for new trial.
Earl B. Self, Solicitor General, contra.
Vaughn Terrell, for plaintiff in error.
SUBMITTED MARCH 2, 1965 -- DECIDED APRIL 6, 1965.
Tuesday October 7 13:31 CDT


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