95 Ga. App. 470 | Ga. Ct. App. | 1957
In view of all the evidence in the case, a directed verdict was not indicated. The evidence was sufficient to sustain the verdict of the jury as to the general grounds. The assignment of error on the general grounds is without merit.
Special ground 1 assigns error because it is alleged that material evidence was illegally admitted by the court, over objec
Sergeant E. B. Deyo of the G. B. I. testified that the defendant admitted taking the radio from the burglarized store; that the defendant said he did the job by himself, but when witness advised the defendant that two men were seen at or near the scene of the burglary the defendant admitted that there were two men; that the defendant admitted the presence of the other person while the witness and the defendant and a brother of the defendant were together; that the defendant did not name the other person present, but admitted that there was another person, and described the other person after the G. B. I. officer told the de
Special ground 2 assigns error because it is alleged that the court admitted testimony as to tools similar to those used in burglaries, which tools were found in and around the living quarters of the defendant. Counsel objected to the admission of the testimony, alleging that the defendant was in construction work and that such tools would likely be used in such work. A G. B. I. officer testified that the tools found were similar to tools likely to be used in burglarizing a safe and that the safe had hammer marks on it. (A hammer was one of the tools in question) . He testified also that other of the tools could have been used in a burglary. It is our opinion that this testimony was sufficiently connected up so that the ruling of the court was not erroneous. This special ground shows no cause for reversal.
The court committed no reversible error in any of the rulings.
Judgment affirmed.