170 Ga. App. 82 | Ga. Ct. App. | 1984
Defendant was convicted of burglary. He appeals following the denial of his motion for new trial, as amended. Held:
1. Defendant’s first enumeration of error is that the trial court erred in admitting into evidence defendant’s written statement to the police on the grounds that the statement was the product of custodial interrogation conducted without the presence of his counsel and signed subsequent to the invocation of his right to counsel. Defendant contends the facts of the case sub judice are similar to and therefore controlled by the decision in Mobley v. State, 164 Ga. App. 154, 156-
2. The remaining enumeration of error is one in which the defendant contends the trial court erred in rereading the defendant’s confession to the jury upon their request without cautionary instructions. Defense counsel objected to the trial court rereading same to the jurors when they requested same. However, counsel made no request for cautionary instructions in regard to the rereading. The trial court simply reread the statement to the jury. It has been permissible for more than 100 years to permit the jury at its instigation to rehear requested parts of the evidence after they have retired and begun deliberations. See Byrd v. State, 237 Ga. 781, 782 (229 SE2d 631). Counsel contends that this court in Evans v. State, 148 Ga. App. 442, 423 (3), 424 (251 SE2d 325), implied that the jury should be cautioned “that undue emphasis on the re-read testimony was improper.” See also Brown v. State, 161 Ga. App. 544, 546 (288 SE2d 882); Berryhill v. State, 249 Ga. 442, 450 (11) (291 SE2d 685). While these later cases approve of cautionary instructions they do not demand that same be given so as to require reversal in the event such instructions are not given. It has been clearly held not to be error if the court confines the instruction to the specific point requested. See Williams v. State, 151 Ga. App. 765, 766 (1) (261 SE2d 487); May v. State, 159 Ga. App. 565, 566 (284 SE2d 70); Mullins v. State, 147 Ga. App. 330, 332 (2) (248 SE2d 708). Further, the jury had already been instructed with reference to its consideration of confessions and that same should be received with great caution and corroborated by other evidence. We find no error here.
Judgment affirmed.