399 S.E.2d 262 | Ga. Ct. App. | 1990
Appellant was convicted by a jury of conspiracy to commit murder and appeals from the denial of his motion for new trial.
At trial, the State called as a witness a co-defendant in this case, Valdas Montgomery, who had pled guilty but had not been sentenced. Montgomery testified that he and his brother went over to another co-defendant’s house where they were all drinking beer; that when they arrived appellant was in the bedroom, but at one point all of them, including appellant, were in the living room talking; that the other co-defendants, not including appellant, stated that they needed to “take care of” a Marcus Anderson; that one of the co-defendants
Appellant testified at trial that he was in the bedroom during the co-defendants’ discussions and was not aware of the plan to kill Anderson; that one of the co-defendants, a very good friend of his, asked him for his gun and appellant got the gun and the shells and put them on a cabinet; that appellant did not know what the gun was to be used for; that he did not see who picked up the gun and that he would not have given anyone his gun if he knew they intended to kill someone with it. Appellant testified at the Jackson-Denno hearing and at trial that during his interrogation by the officers, he was told that if he did not cooperate with them he would get a 30-year sentence. He said that the officers mentioned pending drug charges against him, and appellant testified that he had been working undercover with one of the officers on these drug charges and that his hearing dates had been continually postponed. Appellant stated that his first statement was torn up by the officers and that they told him
1. Appellant’s first enumeration asserts that the court erred in denying appellant’s motion for directed verdict and motion for new trial because the evidence was insufficient to support the verdict. “ ‘(A) motion for directed verdict in a criminal trial should only be granted where there is no conflict in the evidence and the evidence demands a verdict of acquittal as a matter of law.’ [Cit.]” Ely v. State, 192 Ga. App. 203 (6) (384 SE2d 268) (1989). A careful review of the record in a light most favorable to the jury’s verdict reveals conflict in the evidence and further “ ‘reveals ample evidence from which any rational trier of fact could conclude beyond a reasonable doubt that appellant was guilty of (the offense) charged.’ [Cits.]” Id. citing Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). There was no error in denying the directed verdict or the motion for new trial.
2. Appellant next contends that the court erred in admitting appellant’s statements made to the police because they were made in hope of a benefit. The officers denied appellant’s allegations regarding the inducements to make the statements. “The trial court’s findings regarding factual determinations and credibility when considering the admissibility of a confession will be upheld on appeal unless clearly erroneous. [Cit.]” Bryant v. State, 193 Ga. App. 840 (2) (389 SE2d 405) (1989). In light of the evidence presented, the court’s findings were not clearly erroneous and no error occurred. See Mims v. State, 159 Ga. App. 712 (3) (285 SE2d 67) (1981).
Judgment affirmed.