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Wharton v. State

Court of Appeals of Georgia
May 9, 1978
245 S.E.2d 69 (Ga. Ct. App. 1978)

Opinion

55694.

SUBMITTED APRIL 6, 1978.

DECIDED MAY 9, 1978.

Aggravated assault, etc. Ware Superior Court. Before Judge Holton.

Memory Thomas, Bruce M. Walker, for appellants.

Dewey Hayes, District Attorney, M. C. Pritchard, Assistant District Attorney, for appellee.


The defendants appeal their convictions for attempted theft and aggravated assault. Held:

1. The Supreme Court in State v. Middlebrooks, 236 Ga. 52 ( 222 S.E.2d 343), has already adversely decided the question raised with regard to the failure to hold a commitment hearing.

2. Testimony by a witness as to statements made to him by one of the defendants was not inadmissible as hearsay. Sheffield v. State, 107 Ga. App. 610 (3) ( 131 S.E.2d 76).

3. Under the circumstances here, and absent a proper request, it was not error to fail to charge on the "presumption of good general character." See Knighton v. State, 72 Ga. App. 43 ( 32 S.E.2d 861); Widner v. State, 197 Ga. 542, 545 (2) ( 30 S.E.2d 97).

4. The evidence was sufficient to authorize the verdict.

Judgment affirmed. Webb and McMurray, JJ., concur.


SUBMITTED APRIL 6, 1978 — DECIDED MAY 9, 1978.


Summaries of

Wharton v. State

Court of Appeals of Georgia
May 9, 1978
245 S.E.2d 69 (Ga. Ct. App. 1978)
Case details for

Wharton v. State

Case Details

Full title:WHARTON et al. v. STATE

Court:Court of Appeals of Georgia

Date published: May 9, 1978

Citations

245 S.E.2d 69 (Ga. Ct. App. 1978)
245 S.E.2d 69

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