Opinion
53608.
ARGUED MARCH 3, 1977.
DECIDED MARCH 7, 1977. REHEARING DENIED MARCH 22, 1977.
Burglary. Clayton Superior Court. Before Judge Banke.
Joseph R. Baker, Paul McGee, for appellant.
William H. Ison, District Attorney, Clifford A. Sticher, Assistant District Attorney, for appellee.
A. E. Kirkland appeals from his conviction of burglary urging two errors in the charge and one error on an evidentiary ruling. All three errors concern an oral confession made by the co-defendant Ingram in Kirkland's presence which inculpated Kirkland. It is contended that this evidence adversely affected the jury's determination of his guilt.
For related appeals see Ingram v. State, 137 Ga. App. 412 ( 224 S.E.2d 527) (1976); Kirkland v. State, 140 Ga. App. 197 ( 230 S.E.2d 347) (1976).
We affirm. Even if the confession had been totally excluded, the verdict of guilty was demanded by other evidence. The two inept burglars were caught red-handed stealing television sets from a motel, and the confession added nothing of substance to the state's case. Accordingly, not only was it "highly probable that the error did not contribute to the judgment" within the contemplation of the newly-announced "highly probable" test ( Johnson v. State, 238 Ga. 59, 61 ( 230 S.E.2d 869) (1976)), but also any error with respect to it was harmless beyond a reasonable doubt ( Zinn v. State, 134 Ga. App. 51, 52 ( 213 S.E.2d 156) (1975) and cits.; Robinson v. State, 232 Ga. 123, 128 (4) ( 205 S.E.2d 210) (1974)), including any error which might rise to constitutional proportions under Bruton v. United States, 391 U.S. 123 ( 88 SC 1620, 20 L.Ed.2d 476). Cauley v. State, 130 Ga. App. 278, 287 ( 203 S.E.2d 239) (1973); Spivey v. State, 138 Ga. App. 298, 301 ( 226 S.E.2d 104) (1976).
Judgment affirmed. Deen, P. J., and Marshall, J., concur.