Molisani v. State

Court of Appeals of Georgia

Molisani v. State

235 S.E.2d 658, 142 Ga. App. 234, 1977 Ga. App. LEXIS 1554

CourtCourt of Appeals of Georgia

DecidedMay 6, 1977

Docket53755

StatusPublished

Cited by1 cases

This text of 235 S.E.2d 658 (Molisani 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

Molisani v. State, 235 S.E.2d 658, 142 Ga. App. 234, 1977 Ga. App. LEXIS 1554 (Ga. Ct. App. 1977).

Pincite

Opinion

Bell, Chief Judge.

The defendant was indicted for simple kidnapping and convicted. Held:

Submitted April 5, 1977 Decided May 6, 1977. Brannen, Wessels & Searcy, Charles H. Wessels, for appellant. Andrew J. Ryan, III, District Attorney, Robert M. Hitch, III, Assistant District Attorney, for appellee.

1. Evidence was admitted over objection relating to the demand for and the payment of ransom. The defendant’s objection was that since he was indicted only for the lesser crime of simple kidnapping and not for the greater offense of kidnapping for ransom, this evidence was immaterial to the issue. See Code § 26-1311. The sole evidence linking the defendant with the crime charged consisted of his participation in the pick-up of the ransom money. This evidence was properly admitted as it tended to identify defendant as a party to the crime charged and was part of the res gestae. Cox v. State, 165 Ga. 145 (139 SE 861).

2. The evidence authorized the conviction.

Judgment affirmed.

McMurray and Smith, JJ., concur.

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Bell, Chief Judge.

The defendant was indicted for simple kidnapping and convicted. Held:

Submitted April 5, 1977 Decided May 6, 1977. Brannen, Wessels & Searcy, Charles H. Wessels, for appellant. Andrew J. Ryan, III, District Attorney, Robert M. Hitch, III, Assistant District Attorney, for appellee.

1. Evidence was admitted over objection relating to the demand for and the payment of ransom. The defendant’s objection was that since he was indicted only for the lesser crime of simple kidnapping and not for the greater offense of kidnapping for ransom, this evidence was immaterial to the issue. See Code § 26-1311. The sole evidence linking the defendant with the crime charged consisted of his participation in the pick-up of the ransom money. This evidence was properly admitted as it tended to identify defendant as a party to the crime charged and was part of the res gestae. Cox v. State, 165 Ga. 145 (139 SE 861).

2. The evidence authorized the conviction.

Judgment affirmed.

McMurray and Smith, JJ., concur.

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Bluebook (online)

235 S.E.2d 658, 142 Ga. App. 234, 1977 Ga. App. LEXIS 1554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/molisani-v-state-gactapp-1977.

Opinion

2. The evidence authorized the conviction.

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