Opinion
52755.
SUBMITTED SEPTEMBER 15, 1976.
DECIDED SEPTEMBER 29, 1976.
Burglary. Liberty Superior Court. Before Judge Casewell.
Gary A. Sinrich, for appellant.
John W. Underwood, District Attorney, Dupont K. Cheney, Assistant District Attorney, for appellee.
On appeal from the defendant's conviction of burglary, the sole issue presented is whether the trial judge made a definite and independent ruling on the voluntariness of a purported confession prior to submitting it to the jury. Held:
The record reveals that at the time the confession was offered into evidence the jury was excused and a hearing was conducted by the trial judge with regard to the voluntariness of the statement made by the defendant. At the close of the hearing the trial judge stated: "The court is going to admit it." This was sufficient compliance with the rule laid down in Cardell v. State, 119 Ga. App. 848, 853 ( 168 S.E.2d 889), citing Sims v. Georgia, 385 U.S. 538 ( 87 SC 639, 17 L.Ed.2d 593); Jackson v. Denno, 378 U.S. 368 ( 84 SC 1774, 12 L.Ed.2d 908). The defendant's contention is without merit. Judgment affirmed. Deen, P. J., and Webb, J., concur.