Appellant was tried before a jury and convicted of simple battery, rape, burglary, and two counts of robbery by use of force. He appeals from the judgments of conviction and sentences entered on the guilty verdicts.
1. Appellant enumerates as error the denial of his motion to suppress certain evidence seized pursuant to a warrantless search of his bedroom. He contends that his. landlord had no authority to consent to a search of his bedroom for which he paid rent as a tenant. See generally Chapman v. United States,
At the pretrial hearing on the motion to suppress, Detective Haisten testified that she went to the home of appellant’s co-indictee, Glenn Montgomery, in order to inform Montgomery’s parents that Montgomery was in police custody. Montgomery’s parents, Mr. and Mrs. Pittman, gave the police permission to search their entire house. Detective Haisten testified that the Pittmans informed her that the house belonged to them and that neither appellant nor Montgomery paid rent for living with them or was employed. Haisten further testified that while appellant was not the Pittmans’ natural child, he was a foster child whom they had raised. During the course of their search of the house pursuant to the Pittmans’ consent, the police entered the bedroom occupied by appellant. Appellant was asleep in the bedroom and was wearing a watch that fit the description of an item stolen during the commission of the crimes for which appellant was subsequently charged. Appellant admitted in his testimony at the hearing that he was more or less a guest in the Pittmans’ home, and that, while he had paid some rent in the past, he was not employed or paying rent at the time of the search.
There was sufficient evidence to authorize a finding that the Pitt-mans were not appellant’s landlords, but were the heads of the household in which he lived. Accordingly, the issue of the validity of the Pittmans’ consent to the search is controlled adversely to appellant’s contentions by
Montgomery v. State,
2. Appellant enumerates as error the admission into evidence of
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the consent-to-search form. At the suppression hearing, appellant made only a best evidence objection. On appeal, he contends for the first time that the evidence was hearsay, irrelevant, and prejudicial. Appellant may not raise a ground of objection on appeal which was not first urged below.
Jackson v. State,
Appellant further enumerates as error the admission of certain evidence to which no timely objection was raised in the trial court. “In order to raise on appeal contentions concerning admissibility of evidence ‘the specific ground of objection must be made at the time the evidence is offered, and a failure to do so will be considered as a waiver. All evidence is admitted as a matter of course unless a valid ground of objection is interposed.’ [Cits.]”
Sutphin v. McDaniel,
3. It is urged that the trial court erred in admitting evidence regarding the presence, at the scene of the crime, of the fingerprints of appellant’s co-indictee. Appellant’s counsel objected to the evidence on the ground of relevancy. “Any evidence is relevant which logically tends to prove or disprove any material fact which is at issue in the case, and every act or circumstance serving to elucidate or throw light upon a material issue or issues is relevant. [Cit.] Even where the evidence is of questionable relevancy or competency, it is the rule in this state that it should be admitted, leaving its weight for the determination of the jury. [Cits.]”
Brandon v. State,
4. Asserting that his confession was not freely and voluntarily given, but was induced by hope of benefit, appellant enumerates as error the admission of his confession into evidence.
At the Jackson-Denno hearing on the voluntariness of appellant’s confession, Detective Haisten testified that she had told appellant that she would advise the court if he cooperated. In
Presnell v. State,
Judgment affirmed.