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Bunch v. State

Court of Appeals of Georgia
Apr 4, 1983
303 S.E.2d 516 (Ga. Ct. App. 1983)

Opinion

65655.

DECIDED APRIL 4, 1983.

Burglary. Bulloch Superior Court. Before Judge Hawkins.

Robert Simmons Lanier, Jr., for appellant.

J. Lane Johnston, District Attorney, N. Jackson Cotney, Jr., Assistant District Attorney, for appellee.


Defendant was indicted, tried and convicted of three counts of burglary and was sentenced to twelve years. He asserts three enumerations of error: "(1) The verdict is unsupported by the evidence and contrary to the principles of law and justice; (2) The trial court erred to the substantial prejudice of the [defendant] in his charge to the jury; (3) For the reasons above cited the trial court erred in overruling [defendant's] Motion for New Trial." His total argument is: "The evidence in the record of this case does not support the conviction of Burglary. The verdict is without evidence to support it and is against the weight of the evidence presented." He follows this argument with a conclusion stating: "Considering the whole of the evidence presented, it is respectfully suggested that this case is one which merits thorough consideration by the Court of the possibility of reversal. It is respectfully urged that the Court consider the possibility of reversal of this conviction, and that the same be reversed."

1. The general grounds are without merit. The evidence was ample to satisfy the requisites of Jackson v. Virginia, 443 U.S. 307 ( 99 S.C. 2781, 61 L.Ed.2d 560) (1979). Defendant was implicated by his two accomplices whose testimony was corroborated by his own confession (which he attempted to refute at trial). See Slaughter v. State, 162 Ga. App. 136 (1) ( 290 S.E.2d 338) (1982). Further corroboration was provided by the testimony of the managers of two of the farm supply stores burglarized and an employee of the third, as well as the investigating officers.

If there is any independent evidence identifying an accused as a participant in the alleged crime, or other independent evidence probative of guilt, it is for the jury to decide whether that evidence sufficiently corroborates the testimony of an accomplice. Gunter v. State, 243 Ga. 651 (2) ( 256 S.E.2d 341) (1979); Hall v. State, 162 Ga. App. 713 (3) ( 293 S.E.2d 862) (1982). The verdict evinces that the jury found the corroborating evidence sufficient and we concur.

2. Defendant's second enumeration of error has been abandoned. See Court of Appeals Rule 15(c)(2). Defendant's third enumeration of error presents no issue for review.

Judgment affirmed. Quillian, P. J., and Sognier, J., concur.

DECIDED APRIL 4, 1983.


Summaries of

Bunch v. State

Court of Appeals of Georgia
Apr 4, 1983
303 S.E.2d 516 (Ga. Ct. App. 1983)
Case details for

Bunch v. State

Case Details

Full title:BUNCH v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 4, 1983

Citations

303 S.E.2d 516 (Ga. Ct. App. 1983)
303 S.E.2d 516