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Mulryan v. State

Court of Appeals of Georgia
Sep 22, 1980
155 Ga. App. 797 (Ga. Ct. App. 1980)

Opinion

60185.

SUBMITTED JULY 7, 1980.

DECIDED SEPTEMBER 22, 1980.

Armed robbery. Chatham Superior Court. Before Judge Oliver.

Clark Smith, for appellant. Andrew J. Ryan, III, District Attorney, for appellee.


Appellant and a co-defendant were convicted of three counts of armed robbery in Chatham County. Mulryan's appeal, enumerating two errors, is without merit.

The appellant attributes error to the trial court's admission of hearsay evidence of consent to search a vehicle and certain premises, and to the overruling of appellant's motion to suppress. He cites no authority except Code Ann. § 38-301 (hearsay evidence; when and why admitted) and U.S.C.A. Const. Amend. 4, and for argument merely recites the general principle established by each of these and asserts, without analytical argument, that the evidence in the case violates these principles. See Court of Appeals Rule 18; Code Ann. § 24-3618. We find moreover that even if appellant's contentions in this regard were correct, the errors are not reversible, since the other evidence in the case is sufficient to support, even demand the verdict. Kirkland v. State, 141 Ga. App. 664 ( 234 S.E.2d 133); Cauley v. State, 130 Ga. App. 278, 286-288, 290-293 ( 203 S.E.2d 239). Appellant and his co-defendant were indicted and tried for what was apparently a spree of separate robberies committed in one night. Witnesses at each victimized establishment positively and unequivocally identified appellant as one of the armed robbers. The physical evidence which appellant urges should have been suppressed was therefore cumulative and we conclude that it is highly probable that the alleged error did not contribute to the judgment in the case. Kirkland, supra; Cauley, supra.

For the same reason, we find no cause for reversal on grounds that one of the jurors, in the course of the trial, burst out with a comment on the evidence. In any case, appellant made no objection to the outburst and requested no curative action by the trial court, so if there had been any prejudicial error in the incident, the appellant induced it or permitted its effect. Bennett v. State, 153 Ga. App. 21 ( 264 S.E.2d 516).

Judgment affirmed. Deen, C. J., and Sognier, J., concur.

SUBMITTED JULY 7, 1980 — DECIDED SEPTEMBER 22, 1980.


Summaries of

Mulryan v. State

Court of Appeals of Georgia
Sep 22, 1980
155 Ga. App. 797 (Ga. Ct. App. 1980)
Case details for

Mulryan v. State

Case Details

Full title:MULRYAN v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 22, 1980

Citations

155 Ga. App. 797 (Ga. Ct. App. 1980)
272 S.E.2d 768

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