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HUFFMAN v. THE STATE.
57436.
WEBB, Presiding Judge.
Criminal attempt; burglary. Glynn Superior Court. Before Judge Flexer, Senior Judge.
When questioned Huffman stated that he and two others had gone to St. Simons Island with the intent of burglarizing the casino. He was tried and convicted of criminal attempt to commit burglary and possession of burglary tools, and appeals from the denial of his motion for new trial. We affirm.
1. Huffman insists that the court's charge on conspiracy failed to give the jury a standard of legal proof in that the judge used the language "if you are legally satisfied" and "to the satisfaction of the jury." His argument is based upon cases involving a "slight evidence" instruction, however, which are inapposite here. The court fully charged on reasonable doubt and presumption of innocence, and when viewed as a whole sufficiently established the state's burden of proof. Dunn v. State, 145 Ga. App. 612 (2) (244 SE2d 127) (1978).
2. As Huffman acknowledges in his brief, the same array of Glynn County grand jurors challenged here was upheld in Hudson v. State, 240 Ga. 70 (1) (239 SE2d 330) (1977). No other evidence having been offered in support of this challenge, we are bound by that decision.
3. Assertions that the consent to search was not valid because consent was given after an illegal arrest are without merit because no arrest occurred here. The momentary detention of Huffman's car was "an intrusion short of arrest" where the officer had "specific and articulable facts" to provoke a "reasonable and founded suspicion." See Radowick v. State, 145 Ga. App. 231 (1) (244 SE2d 346) (1978) and cases cited; State v. High, 145 Ga. App. 772, 773 (2) (244 SE2d 888) (1978).
Randall M. Clark, for appellant.
SUBMITTED MARCH 6, 1979 -- DECIDED MARCH 13, 1979 -- REHEARING DENIED MARCH 26, 1979 -- CERT. APPLIED FOR.
Friday May 22 02:34 EDT


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