History
  • No items yet
midpage
Scott v. State
147 Ga. App. 679
Ga. Ct. App.
1978
Check Treatment
147 Ga. App. 679 (1978)
250 S.E.2d 15

SCOTT
v.
THE STATE.

56523.

Court of Appeals of Georgia.

Submitted September 13, 1978.
Decided October 23, 1978.

Joseph C. Kitchings, for appellant.

J. Lane Johnston, District Attorney, for appellee.

DEEN, Presiding Judge.

Tony W. Scott appeals from his conviction for burglary and sentence of twelve years to be served in a state penitentiary.

1. Appellant contends that the indictment by the grand jury was defective propter affectum because a grand juror witnessed his attempt to escape from a police patrol car shortly after his arrest. As this complaint is raised for the first time on appeal, it presents nothing for appeal. Johnson v. State, 128 Ga. App. 69 (195 SE2d 676) (1975). Challenge to the indictment must be made prior to the entry of the verdict. Mealor v. State, 135 Ga. App. 682 (218 SE2d 683) (1975).

2. The trial judge held an in camera or Jackson-Denno hearing during the trial and found that appellant's confession was freely and voluntarily given. The trial judge's decision will not be set aside by the appellate courts unless it is not sustained by any competent evidence or is clearly erroneous. Richardson v. State, 143 Ga. App. 846 (240 SE2d 217) (1977).

3. There was sufficient evidence to support the jury *680 verdict.

Judgment affirmed. Smith and Banke, JJ., concur.

Case Details

Case Name: Scott v. State
Court Name: Court of Appeals of Georgia
Date Published: Oct 23, 1978
Citation: 147 Ga. App. 679
Docket Number: 56523
Court Abbreviation: Ga. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.