Maddox v. State

Full title: MADDOX et al. v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 21, 1979

253 S.E.2d 456 (Ga. Ct. App. 1979)

253 S.E.2d 456

Opinion

57118.

SUBMITTED JANUARY 16, 1979.

DECIDED FEBRUARY 21, 1979.

Burglary. Clarke Superior Court. Before Judge Gaines.

Jack H. Affleck, Jr., for appellants.

Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.

QUILLIAN, Presiding Judge.

The defendant appeals his burglary conviction. Held:

1. Police officers answered a burglary alarm call, the defendant was spotted running from the scene of the burglary; the burglary scene revealed two chain saws left outside, footprints outside, and broken glass knocked inward from which entry had apparently been made. The defendant's shoes introduced into evidence contained markings similar to those revealed by pictures taken of the footprints. These facts were sufficient to present a jury issue. Little v. State, 88 Ga. App. 581 ( 77 S.E.2d 75); Pryor v. State, 139 Ga. App. 814 ( 229 S.E.2d 670); Gregory v. State, 80 Ga. 269 ( 7 S.E. 222). They constitute more than mere presence and flight as described in Denham v. State, 144 Ga. App. 373 ( 241 S.E.2d 295).

2. The trial judge's charge sufficiently and accurately dealt with the subjects of flight, presence at the scene and their effect.

Judgment affirmed. Smith and Birdsong, JJ., concur.

SUBMITTED JANUARY 16, 1979 — DECIDED FEBRUARY 21, 1979.