C. C. R. v. State

Court of Appeals of Georgia

C. C. R. v. State

243 S.E.2d 601, 145 Ga. App. 27, 1978 Ga. App. LEXIS 1847

CourtCourt of Appeals of Georgia

DecidedFebruary 24, 1978

Docket55040

StatusPublished

Cited by2 cases

This text of 243 S.E.2d 601 (C. C. R. 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

C. C. R. v. State, 243 S.E.2d 601, 145 Ga. App. 27, 1978 Ga. App. LEXIS 1847 (Ga. Ct. App. 1978).

Pincite

Opinion

Quillian, Presiding Judge.

The defendant, a juvenile, appeals the judgment of delinquency. He contends that the evidence was insufficient to support the prosecution since it was predicated solely on the corroborating testimony of a co-participant. Citing Code § 38-121 it is urged that, as in á criminal prosecution, corroboration of an accomplice’s testimony is essential. Held:

In numerous decisions our courts have held that corroboration of an accomplice is not necessary to sustain a misdemeanor conviction. Martin v. State, 17 Ga. App. 372 (1) (86 SE 945) and cits.; Fields v. State, 88 Ga. App. 770 (1) (77 SE2d 751). For, Code § 38-121 specifically requires corroboration "in any case of felony,” otherwise, "the testimony of a single witness is generally sufficient to establish a fact.” Since this was not a felony case, we therefore find there was some evidence to sustain the defendant’s adjudication as a delinquent.

Judgment affirmed.

Webb and McMurray, JJ., concur.

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Quillian, Presiding Judge.

The defendant, a juvenile, appeals the judgment of delinquency. He contends that the evidence was insufficient to support the prosecution since it was predicated solely on the corroborating testimony of a co-participant. Citing Code § 38-121 it is urged that, as in á criminal prosecution, corroboration of an accomplice’s testimony is essential. Held:

In numerous decisions our courts have held that corroboration of an accomplice is not necessary to sustain a misdemeanor conviction. Martin v. State, 17 Ga. App. 372 (1) (86 SE 945) and cits.; Fields v. State, 88 Ga. App. 770 (1) (77 SE2d 751). For, Code § 38-121 specifically requires corroboration "in any case of felony,” otherwise, "the testimony of a single witness is generally sufficient to establish a fact.” Since this was not a felony case, we therefore find there was some evidence to sustain the defendant’s adjudication as a delinquent.

Judgment affirmed.

Webb and McMurray, JJ., concur.

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Bluebook (online)

243 S.E.2d 601, 145 Ga. App. 27, 1978 Ga. App. LEXIS 1847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/c-c-r-v-state-gactapp-1978.

Opinion

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