Opinion
26136.
SUBMITTED OCTOBER 14, 1970.
DECIDED NOVEMBER 5, 1970.
Robbery. Fulton Superior Court. Before Judge Alverson.
Glenn Zell, for appellant.
Lewis R. Slaton, District Attorney, Tony H. Hight, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, William R. Childers, Jr., Assistant Attorneys General, for appellee.
The appellant was convicted of armed robbery and sentenced to ten years imprisonment. He appeals from this judgment. Held:
1. Enumeration of error No. 1 complains that the line-up procedures violated the appellant's constitutional rights because, "the police officer told the appellant that he would be placed in the line-up whether he had a lawyer or not." There is no merit in this contention. The evidence shows that the appellant voluntarily, knowingly and intelligently waived line-up counsel both orally and in writing.
2. Enumeration of error No. 2 complains that the trial court erred in permitting the police officer who investigated the crime to testify as to his conversation with the manager of the finance company which was robbed. The manager was present at the time of the robbery. He related to the officer the manner in which the crime was perpetrated. Thereafter, the appellant was apprehended and arrested. There is no merit in this contention. The testimony was properly admitted for the limited purpose of explaining the officer's conduct. Code § 38-302; Phillips v. State, 206 Ga. 418 (3) ( 57 S.E.2d 555). Furthermore, the manager and two other eyewitnesses also testified to these same facts and made positive in-court identifications of the appellant without objection. See Whippler v. State, 218 Ga. 198 (7) ( 126 S.E.2d 744); Massey v. State, 220 Ga. 883, 891 ( 142 S.E.2d 832); Cummings v. State, 226 Ga. 46 (3) ( 172 S.E.2d 395).
Judgment affirmed. All the Justices concur.