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Newsome v. State

Court of Appeals of Georgia
Jun 27, 1989
385 S.E.2d 223 (Ga. Ct. App. 1989)

Opinion

77094.

DECIDED JUNE 27, 1989.

Child molestation. Cobb Superior Court. Before Judge Bodiford.

Frank G. Smith, August F. Siemon III, for appellant.

Thomas J. Charron, District Attorney, Debra H. Bernes, Nancy I. Jordan, Assistant District Attorneys, for appellee.


The Supreme Court in State v. Newsome, 259 Ga. 187 ( 378 S.E.2d 125) (1989), has reversed the decision in Newsome v. State, 189 Ga. App. 329 (1) ( 375 S.E.2d 621) (1988). The judgment is therefore vacated.

The basis for reversal of the trial court by this court was the violation of OCGA § 15-12-171. Because of our ruling we did not pass upon defendant's enumeration of error regarding the failure to supply him with a copy of his statement pursuant to OCGA § 17-7-210. Nevertheless, we noted that the law requires production only of custodial statements, Johnson v. State, 177 Ga. App. 705 (1) ( 340 S.E.2d 662) (1986), and a defendant is not in custody at the time of his statement when he is out on bond. Martin v. State, 179 Ga. App. 551, 553 (5) ( 347 S.E.2d 247) (1986). That being the case here, the court did not err in this regard.

The judgment of the court below is affirmed in conformity with the mandate of the Supreme Court.

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

DECIDED JUNE 27, 1989.


Summaries of

Newsome v. State

Court of Appeals of Georgia
Jun 27, 1989
385 S.E.2d 223 (Ga. Ct. App. 1989)
Case details for

Newsome v. State

Case Details

Full title:NEWSOME v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jun 27, 1989

Citations

385 S.E.2d 223 (Ga. Ct. App. 1989)
385 S.E.2d 223