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Kelley v. State

Court of Appeals of Georgia
Nov 10, 1981
160 Ga. App. 343 (Ga. Ct. App. 1981)

Opinion

62774.

DECIDED NOVEMBER 10, 1981.

Burglary. Fulton Superior Court. Before Judge Williams.

Robert M. Coker, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, J. Wallace Speed, H. Allen Moye, Assistant District Attorneys, for appellee.


Defendant was convicted of the offense of burglary. His motion for new trial, as amended, was duly filed and overruled. Defendant appeals. Held:

1. The state's evidence established by the victim was that her home had been burglarized by a break-in through the back door, and silver, a television set, camera equipment, jewelry and other items were missing. An investigating officer, after the arrest of another, obtained a written statement implicating this defendant, who was then arrested. This defendant then made certain oral admissions concerning the burglary, and after a Jackson v. Denno hearing, the testimony of this investigating officer and another detective was allowed in evidence as to the involvement of this defendant in the burglary for which he is here charged.

In consideration of the general grounds of the motion for new trial the admissions of the defendant, as well as the other evidence establishing the burglary were sufficient to support the verdict of guilty, and we find that a rational trier of fact could reasonably have found from this evidence proof of guilt of the defendant beyond a reasonable doubt. Dukes v. State, 151 Ga. App. 312, 313 ( 259 S.E.2d 706); Boyd v. State, 244 Ga. 130, 132 (5) ( 259 S.E.2d 71); Stinson v. State, 244 Ga. 219, 222 (4) ( 259 S.E.2d 471); Moses v. State, 245 Ga. 180, 181 (1) ( 263 S.E.2d 916). The trial court did not err in denying the motion for new trial based on the general grounds, hence the first enumeration of error is not meritorious.

2. During the examination of the victim-witness with reference to the silverware stolen she testified that it was very hard to replace, being gifts to her during her lifetime and baby silver, as well as other silver purchased since her marriage accumulated over 31 years and valued at $17,075. Defense counsel objected that he "would question the relevance" of this testimony and also that no proper foundation had been laid for the witness to testify as to the replacement value of the silverware. The trial court did not err in overruling the objections. Neither objection is sufficient to preserve the issue for review both being too general ("the relevance of that" and "no proper foundation has been laid"). See in this connection Newman v. State, 239 Ga. 329, 330 ( 236 S.E.2d 673). As to the intent to commit the crime see Ealey v. State, 139 Ga. App. 604, 606 (2) ( 229 S.E.2d 86); and Parrish v. State, 141 Ga. App. 631 (1) ( 234 S.E.2d 174). Compare Mack v. Ricketts, 236 Ga. 86, 87 ( 222 S.E.2d 337), as to the amount or value of property stolen. Further, an owner of property may testify as to his opinion of its value so long as he gives his reasons therefor or his basis for forming an opinion as to its value. See Yarber v. State, 144 Ga. App. 781 ( 242 S.E.2d 372). It is clear that the foundation for the witness to testify as to value was established here. The trial court did not err in overruling defendant's objection as to value.

3. The trial court did not err in admitting the defendant's oral admissions contained in the testimony of the investigating officer after the trial court as the trier of fact outside the presence of the jury determined the voluntariness of the defendant's admissions as required by Jackson v. Denno, 378 U.S. 368 ( 84 SC 1774, 12 L.Ed.2d 908). See Code § 38-411; Trask v. State, 132 Ga. App. 645, 647-648 (7) ( 208 S.E.2d 591); High v. State, 233 Ga. 153 (1) ( 210 S.E.2d 673). Judgment affirmed. Quillian, C. J., and Pope, J., concur.

DECIDED NOVEMBER 10, 1981.


Summaries of

Kelley v. State

Court of Appeals of Georgia
Nov 10, 1981
160 Ga. App. 343 (Ga. Ct. App. 1981)
Case details for

Kelley v. State

Case Details

Full title:KELLEY v. THE STATE

Court:Court of Appeals of Georgia

Date published: Nov 10, 1981

Citations

160 Ga. App. 343 (Ga. Ct. App. 1981)
287 S.E.2d 327

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