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Hill v. State

Court of Appeals of Georgia
Apr 14, 1981
279 S.E.2d 746 (Ga. Ct. App. 1981)

Opinion

61133.

DECIDED APRIL 14, 1981.

Armed robbery. Fulton Superior Court. Before Judge Hicks.

Lawrence L. Washburn III, David R. Osborne, Robert A. Meier IV, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Margaret V. Lines, Assistant District Attorneys, for appellee.


Appellant was convicted of armed robbery. He appeals (1) on the general grounds, and also alleges the trial court erred (2) by denying his motion for severance; (3) by denying his motion for mistrial after the state put his character in issue; and (4) by admitting his confession in evidence.

On October 9, 1979 the Chattahoochee Avenue branch of Fulton National Bank was robbed by four armed men. Appellant signed a written confession admitting his participation in the robbery, and was identified at trial by a witness as one of the robbers. At a hearing outside the presence of the jury, the trial judge found, correctly, that the statement was made after appellant was advised properly of his rights, and that the statement was given freely and voluntarily. The trial judge's finding will not be disturbed unless clearly erroneous, Tucker v. State, 245 Ga. 68, 69 (3) ( 263 S.E.2d 109) (1980), and there was no error in the trial court's findings. Thereafter, the confession was admitted into evidence. Such evidence is sufficient to support the conviction. Pierce v. State, 235 Ga. 237, 238 (1) ( 219 S.E.2d 158) (1975).

The remaining enumerations of error are without merit.

Judgment affirmed. Shulman, P. J., and Birdsong, J., concur.

DECIDED APRIL 14, 1981.


Summaries of

Hill v. State

Court of Appeals of Georgia
Apr 14, 1981
279 S.E.2d 746 (Ga. Ct. App. 1981)
Case details for

Hill v. State

Case Details

Full title:HILL v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 14, 1981

Citations

279 S.E.2d 746 (Ga. Ct. App. 1981)
279 S.E.2d 746