Opinion
77094.
DECIDED JUNE 27, 1989.
Child molestation. Cobb Superior Court. Before Judge Bodiford.
Frank G. Smith, August F. Siemon III, for appellant.
Thomas J. Charron, District Attorney, Debra H. Bernes, Nancy I. Jordan, Assistant District Attorneys, for appellee.
The Supreme Court in State v. Newsome, 259 Ga. 187 ( 378 S.E.2d 125) (1989), has reversed the decision in Newsome v. State, 189 Ga. App. 329 (1) ( 375 S.E.2d 621) (1988). The judgment is therefore vacated.
The basis for reversal of the trial court by this court was the violation of OCGA § 15-12-171. Because of our ruling we did not pass upon defendant's enumeration of error regarding the failure to supply him with a copy of his statement pursuant to OCGA § 17-7-210. Nevertheless, we noted that the law requires production only of custodial statements, Johnson v. State, 177 Ga. App. 705 (1) ( 340 S.E.2d 662) (1986), and a defendant is not in custody at the time of his statement when he is out on bond. Martin v. State, 179 Ga. App. 551, 553 (5) ( 347 S.E.2d 247) (1986). That being the case here, the court did not err in this regard.
The judgment of the court below is affirmed in conformity with the mandate of the Supreme Court.
Judgment affirmed. Banke, P. J., and Birdsong, J., concur.