Barrett v. The State., 146 Ga. App. 207, 245 S.E.2d 890 (1978)
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Summary
Judgment affirmed. Webb and McMurray, JJ., concur.
Summary
Judgment affirmed. Webb and McMurray, JJ., concur.
Text
J. Alfred Johnson, for appellant.
The defendant appeals her conviction for the offense of theft by receiving stolen property. Held:
1. It is contended that the trial judge erred in admitting into evidence, over objection of the defense, the duplicate of a search warrant. It is contended by defendant's counsel that the state should have obtained the original document and that the duplicate was not the "best evidence." See Code 38-203, and Sherman v. State,
2. The trial judge in the charge to the jury gave an instruction with regard to intent concerning the crime of burglary. However, he made no specific charge on intent in instructing the jury as to the crime of theft by receiving stolen property. It is urged that this removes from the jury's consideration the fact that the state must prove beyond a reasonable doubt the specific intent of the defendant to commit the offense of theft by receiving stolen property.
It has long been a rule in this state, that it is not error, in the absence of request, to fail to charge the Code section requiring of a criminal act that there must be a joint operation of act and intention (now Georgia Criminal Code 26-601; Code Ann. 26-601 (Ga. L. 1968, pp. 1249, 1269)), where the court fully charged on the essential elements of the crime with which the defendant was charged. Fleming v. State,
3. The last two enumerations of error assert that the trial court failed to offer the defendant a hearing out of the presence of the jury (1) before incriminating statements allegedly made by the defendant were allowed to be testified to by the state's witness, and (2) to determine the voluntariness of the defendant's alleged statement contained in the search warrant.
Thomas J. Charron, District Attorney, Amy Annelle Hembree, Assistant District Attorney, for appellee.
1978
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