Home/Court of Appeals of Georgia/Aaron v. State

Aaron v. State

243 S.E.2d 714, 145 Ga. App. 349, 1978 Ga. App. LEXIS 1977
CourtCourt of Appeals of Georgia
DecidedMarch 16, 1978
Docket55379
StatusPublished
Cited by9 cases

This text of 243 S.E.2d 714 (Aaron v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aaron v. State, 243 S.E.2d 714, 145 Ga. App. 349, 1978 Ga. App. LEXIS 1977 (Ga. Ct. App. 1978).

Opinion

Deen, Presiding Judge.

1. Whether joint defendants are to be tried jointly or severally for noncapital felonies is a matter within the discretion of the trial court. Code § 27-2101; Mathis v. State, 231 Ga. 401 (202 SE2d 73) (1973). For this court to hold that a denial of the motion was an abuse of discretion it must appear that the defendant suffered prejudice amounting to a denial of due process. Cain v. State, 235 Ga. 128 (218 SE2d 856) (1975). No such showing is present here.

2. The evidence is clear that there was an attempt to burglarize a cabin; that the defendant and another were the apparent "lookouts” for this attempt, as they drove around and around the cabin on a country dirt road; that the persons who actually entered the cabin escaped on foot, but that the defendant and his passenger were apprehended in the vehicle which had been circling the house, and both were tried and convicted. The fact that a mistrial was granted as to three of the five persons jointly tried, and whom the state contended were those who escaped on foot, does not render inconsistent the verdict of guilty against Aaron, as one may be convicted as a co-conspirator of an unknown party.

3. It was not error to refuse to grant a mistrial as to this defendant when the jury had debated about four and a half hours. Van Scoik v. State, 139 Ga. App. 293 (228 SE2d 229) (1976).

Judgment affirmed.

Smith and Banke, JJ., concur. *350 Martin W. Welch, for appellant. JeffC. Wayne, District Attorney, Roland H. Stroberg, Assistant District Attorney, for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Leonard v. State
492 S.E.2d 747 (Court of Appeals of Georgia, 1997)
Williams v. State
336 S.E.2d 367 (Court of Appeals of Georgia, 1985)
Gaither v. State
288 S.E.2d 18 (Court of Appeals of Georgia, 1981)
McKinney v. State
273 S.E.2d 888 (Court of Appeals of Georgia, 1980)
McDonald v. State
273 S.E.2d 881 (Court of Appeals of Georgia, 1980)
Smith v. State
272 S.E.2d 522 (Court of Appeals of Georgia, 1980)
Jackson v. State
265 S.E.2d 368 (Court of Appeals of Georgia, 1980)
Armour v. State
259 S.E.2d 662 (Court of Appeals of Georgia, 1979)
Carroll v. State
248 S.E.2d 702 (Court of Appeals of Georgia, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
243 S.E.2d 714, 145 Ga. App. 349, 1978 Ga. App. LEXIS 1977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aaron-v-state-gactapp-1978.