Jones v. State

6 Citing cases

  1. Griffin v. State

    230 Ga. App. 318 (Ga. Ct. App. 1998)   Cited 11 times
    In Griffin v. State, 230 Ga. App. at 318, the defendants, who were employed by Cato's, a clothing retailer, had confessed to stealing merchandise from the store after being questioned for hours by the store's Loss Prevention Specialist. The defendants filed motions to suppress the written statements and the trial court refused to hold a pretrial hearing regarding the voluntariness of the statements.

    The State has the burden to prove that the confession was voluntary within the meaning of OCGA ยง 24-3-50 by a mere preponderance of the evidence. See Lawrence v. State, 235 Ga. 216, 219 ( 219 S.E.2d 101) (1975); Peinado v. State, supra at 273; Billings v. State, 212 Ga. App. 125 ( 441 S.E.2d 262) (1994); Jones v. State, 174 Ga. App. 783 ( 331 S.E.2d 633) (1985). Upon consideration of the evidence, the trial court must make a threshold determination that the confession was voluntary and, therefore, admissible as a matter of law, and such express finding should appear in the record.

  2. Bedingfield v. State

    464 S.E.2d 653 (Ga. Ct. App. 1995)   Cited 5 times

    Our review of the entire charge reveals that the court fully and accurately instructed the jury on those concepts. See Bruce v. State, 191 Ga. App. 580, 581-582 (3) ( 382 S.E.2d 367) (1989); Jones v. State, 174 Ga. App. 783, 786 (3) ( 331 S.E.2d 633) (1985); Tamez v. State, 148 Ga. App. 307, 308-309 (2) ( 251 S.E.2d 159) (1978). Judgment affirmed. Birdsong, P.J., and Smith, J., concur.

  3. Snow v. State

    445 S.E.2d 353 (Ga. Ct. App. 1994)   Cited 9 times
    In Snow v. State, 213 Ga. App. 571, 572 (2) (445 S.E.2d 353) (1994), we found that where a grandfather was charged with molestation of his granddaughters, similar transactions showing that he molested his daughters were admissible as they evidenced a continuous course of identical conduct over a 27-year period.

    BEASLEY, Presiding Judge, concurring specially. I concur in Division 1 because OCGA ยง 17-7-93 does not, by its terms or its construction heretofore, apply to statements made in the initial appearance in the magistrate court. Although a statement to the contrary is made in Jones v. State, 174 Ga. App. 783, 784 (1) ( 331 S.E.2d 633) (1985), it is dicta. Compare Shoemake v. State, 213 Ga. App. 528 ( 445 S.E.2d 558) (1994).

  4. Lovell v. State

    179 Ga. App. 98 (Ga. Ct. App. 1986)   Cited 3 times

    The trial court did not err in denying appellant's motion for [new trial]." Jones v. State, 174 Ga. App. 783, 785 (2) ( 331 S.E.2d 633). Compare Hunt v. State, 166 Ga. App. 524, 525 (1), (2), supra. Judgment affirmed. Carley and Pope, JJ., concur.

  5. Carswell v. State

    345 S.E.2d 66 (Ga. Ct. App. 1986)   Cited 6 times

    Obviously, as we have held many times, the quantum of corroboration necessary to prove guilt beyond a reasonable doubt is a jury question, but usually in these cases there is some corroboration, and it is simply a question of how much is enough. Bines, supra, p. 324; see Patrick v. State, 252 Ga. 509 ( 314 S.E.2d 909); Jones v. State, 174 Ga. App. 783, 785 ( 331 S.E.2d 633); Mitchell v. State, 174 Ga. App. 594, 597 ( 330 S.E.2d 798). In this case, the question is whether there was even any crime.

  6. Fredericks v. State

    335 S.E.2d 154 (Ga. Ct. App. 1985)   Cited 6 times

    In the case sub judice, we find that the evidence presented at trial was sufficient to authorize a rational trier of fact to find the defendant guilty beyond a reasonable doubt of the offense of driving while under the influence of alcohol. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560); Jones v. State, 174 Ga. App. 783, 785 (2) ( 331 S.E.2d 633). The trial court did not err in denying the defendant's motion for directed verdict. Humphrey v. State, 252 Ga. 525, 526 (1) ( 314 S.E.2d 436).