Sutton v. State

Court of Appeals of Georgia

Sutton v. State

162 S.E.2d 445, 117 Ga. App. 861, 1968 Ga. App. LEXIS 1269

CourtCourt of Appeals of Georgia

DecidedJune 11, 1968

Docket43639

StatusPublished

Cited by3 cases

This text of 162 S.E.2d 445 (Sutton 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

Sutton v. State, 162 S.E.2d 445, 117 Ga. App. 861, 1968 Ga. App. LEXIS 1269 (Ga. Ct. App. 1968).

Pincite

Opinion

Quillian, Judge.

Felix Sutton was tried and convicted of the crime of burglary in Wilkinson Superior Court. His motion for new trial was overruled and appeal was taken. The defendant’s only enumeration of error relates to the general grounds of the motion for new trial. Held:

While the testimony of one co-conspirator is not sufficient in itself to convict another co-conspirator, where the evidence of an accomplice in a burglary is supported by the testimony of another witness that he saw the defendant in possession of the stolen goods shortly after the burglary, it is sufficient corroboration. Self v. State, 108 Ga. App. 201 (132 SE2d 548); Ford v. State, 70 Ga. 722; Boswell v. State, 92 Ga. 581 (17 SE 805). There was ample evidence in the case sub judice to prove every element of the corpus delicti of the crime. An alleged co-conspirator, a witness for the State, testified in great detail as to the defendant’s actions in carrying out the burglary. This testimony was corroborated by another witness who testified as to the defendant’s possession of certain items which were taken from the' burglarized premises. Under the rule above cited, there was sufficient corroboration of the accomplice’s testimony and sufficient evidence to authorize the defendant’s conviction.

Judgment affirmed.

Bell, P. J., and Hall, J., concur.

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

Quillian, Judge.

Felix Sutton was tried and convicted of the crime of burglary in Wilkinson Superior Court. His motion for new trial was overruled and appeal was taken. The defendant’s only enumeration of error relates to the general grounds of the motion for new trial. Held:

While the testimony of one co-conspirator is not sufficient in itself to convict another co-conspirator, where the evidence of an accomplice in a burglary is supported by the testimony of another witness that he saw the defendant in possession of the stolen goods shortly after the burglary, it is sufficient corroboration. Self v. State, 108 Ga. App. 201 (132 SE2d 548); Ford v. State, 70 Ga. 722; Boswell v. State, 92 Ga. 581 (17 SE 805). There was ample evidence in the case sub judice to prove every element of the corpus delicti of the crime. An alleged co-conspirator, a witness for the State, testified in great detail as to the defendant’s actions in carrying out the burglary. This testimony was corroborated by another witness who testified as to the defendant’s possession of certain items which were taken from the' burglarized premises. Under the rule above cited, there was sufficient corroboration of the accomplice’s testimony and sufficient evidence to authorize the defendant’s conviction.

Judgment affirmed.

Bell, P. J., and Hall, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

162 S.E.2d 445, 117 Ga. App. 861, 1968 Ga. App. LEXIS 1269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sutton-v-state-gactapp-1968.

Opinion

Related

Cite This Page — Counsel Stack