Sak v. State

199 S.E.2d 628, 129 Ga. App. 301, 1973 Ga. App. LEXIS 980

Opinions

Hall, Presiding Judge.

Defendant appeals from his conviction for conspiracy to commit murder. The sole issue on this appeal is whether all the elements of the crime of conspiracy were proved by the state; specifically whether "an overt act to effect the object of the conspiracy” had occurred before defendant "withdrew his agreement to commit a crime.” Code Ann. §§ 26-3201 and 26-3202.

The evidence supports the verdict. There was substantial testimony, including a legally acquired admission by the defendant, that he drove from Macon to LaFollette, Tennessee with a pistol and with the intention of killing one or two people; that he found one of them and engaged her in conversation; that he told her of his intention to kill her; and only after this preliminary conversation did he decide he could not go through with it. The above described actions are sufficient to show an overt act toward the crime contemplated by the conspiracy before defendant’s withdrawal. See also Bridges v. State, 72 Ga. App. 390 (33 SE2d 850).

Judgment affirmed.

Bell, C. J., Eberhardt, P. J., Pannell, Deen, Quillian, Clark and Stolz, JJ, concur. Evans, J., dissents.