Opinion
53831.
SUBMITTED MAY 9, 1977.
DECIDED MAY 26, 1977. REHEARING DENIED JUNE 20, 1977.
Burglary. Dougherty Superior Court. Before Judge Kelley.
Gilberg, Kraselsky Owens, Larry B. Owens, for appellant.
William S. Lee, District Attorney, Hobart M. Hind, Assistant District Attorney, for appellee.
The defendant appeals his conviction for burglary. Held:
1. The first enumeration of error complains of the failure to charge Code § 38-414 regarding a confession by a joint offender or conspirator. The facts show that a co-conspirator did make a "statement"; however, no such "statement" was introduced into evidence. Instead, the co-conspirator testified as to the defendant's involvement in the criminal enterprise.
Code § 38-414 has no application and need not be charged "in a case in which no confession of a joint offender or conspirator is offered, but where such joint offender or conspirator is sworn and testifies as a witness." Pippin v. State, 205 Ga. 316 (12) ( 53 S.E.2d 482). Accord, Brown v. State, 132 Ga. App. 200 (2) ( 207 S.E.2d 682).
2. The evidence was sufficient to sustain the verdict. Adkins v. State, 138 Ga. App. 349, 350 ( 226 S.E.2d 137), citing Brown v. State, 232 Ga. 838 ( 209 S.E.2d 180), and Self v. State, 108 Ga. App. 201 (4) ( 132 S.E.2d 548).
3. The defendant urges that the court erred in failing to charge, without request, the definition and types of possession.
The contention is without merit. "`A correct instruction to the jury is not subject to exception for failure, in absence of an appropriate request, to embody an additional definitive or explanatory charge.'" Griffin v. State, 195 Ga. 368, 371, 372 ( 24 S.E.2d 399). Accord, Crowe v. State, 37 Ga. App. 828 (4) ( 142 S.E. 306); Dobbs v. State, 214 Ga. 206 ( 104 S.E.2d 121).
Judgment affirmed. Shulman and Banke, JJ., concur.