Leach v. State

Supreme Court of Georgia

Leach v. State

216 S.E.2d 326, 234 Ga. 467, 1975 Ga. LEXIS 1164

CourtSupreme Court of Georgia

DecidedMay 20, 1975

Docket29828

StatusPublished

Cited by7 cases

This text of 216 S.E.2d 326 (Leach v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leach v. State, 216 S.E.2d 326, 234 Ga. 467, 1975 Ga. LEXIS 1164 (Ga. 1975).

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Opinions

Jordan, Justice.

Franklin Leach appeals a murder conviction rendered against him by a jury in the Fulton County Superior Court on February 12, 1974. After conviction appellant was sentenced to life imprisonment.

1. Appellant complains that the trial court erred in admitting into evidence appellant’s waiver of counsel, [468]*468confession, and subsequent statements in that they were not freely and voluntarily given. Although there is some conflict in the record as to physical abuse we cannot say that the trial court’s determination that the waivers, confessions and statements were voluntary is "clearly erroneous.” See Johnson v. State, 233 Ga. 58 (209 SE2d 629); and Lego v. Twomey, 404 U. S. 477 (1972).

Submitted April 14, 1975 Decided May 20, 1975. K. Reid Berglund, Jacques O. Partin, II, Assistant Public Defenders, for appellant. Arthur K. Bolton, Attorney General, Lois F. Oakley, Deputy Assistant Attorney General, Lewis R. Slaton, District Attorney, H. Allen Moye, Assistant District Attorney, for appellee.

2. Appellant, who was not indicted for felony murder, further contends that the trial judge erred in charging the jury on the felony murder rule as follows: "A person also commits the crime of murder when, in the commission of a felony such as armed robbery is, he causes the death of another human being irrespective of malice.” Appellant’s complaint is that it was reversible error to so charge the jury without further charging them as to the elements of the felony. We have reviewed the entire charge and there was no explanation or charge as to the elements of armed robbery. This constituted reversible error. Edwards v. State, 233 Ga. 625 (212 SE2d 802); Teal v. State, 122 Ga. App. 532 (177 SE2d 840).

3. We have carefully studied appellant’s other enumerations of error and find them to be without merit.

Judgment reversed.

All the Justices concur, except Hill, J., who concurs in the judgment and Ingram and Hall, JJ., who dissent.

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Jordan, Justice.

Franklin Leach appeals a murder conviction rendered against him by a jury in the Fulton County Superior Court on February 12, 1974. After conviction appellant was sentenced to life imprisonment.

1. Appellant complains that the trial court erred in admitting into evidence appellant’s waiver of counsel, [468]*468confession, and subsequent statements in that they were not freely and voluntarily given. Although there is some conflict in the record as to physical abuse we cannot say that the trial court’s determination that the waivers, confessions and statements were voluntary is "clearly erroneous.” See Johnson v. State, 233 Ga. 58 (209 SE2d 629); and Lego v. Twomey, 404 U. S. 477 (1972).

Submitted April 14, 1975 Decided May 20, 1975. K. Reid Berglund, Jacques O. Partin, II, Assistant Public Defenders, for appellant. Arthur K. Bolton, Attorney General, Lois F. Oakley, Deputy Assistant Attorney General, Lewis R. Slaton, District Attorney, H. Allen Moye, Assistant District Attorney, for appellee.

2. Appellant, who was not indicted for felony murder, further contends that the trial judge erred in charging the jury on the felony murder rule as follows: "A person also commits the crime of murder when, in the commission of a felony such as armed robbery is, he causes the death of another human being irrespective of malice.” Appellant’s complaint is that it was reversible error to so charge the jury without further charging them as to the elements of the felony. We have reviewed the entire charge and there was no explanation or charge as to the elements of armed robbery. This constituted reversible error. Edwards v. State, 233 Ga. 625 (212 SE2d 802); Teal v. State, 122 Ga. App. 532 (177 SE2d 840).

3. We have carefully studied appellant’s other enumerations of error and find them to be without merit.

Judgment reversed.

All the Justices concur, except Hill, J., who concurs in the judgment and Ingram and Hall, JJ., who dissent.

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216 S.E.2d 326, 234 Ga. 467, 1975 Ga. LEXIS 1164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leach-v-state-ga-1975.

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