386 S.E.2d 523 | Ga. Ct. App. | 1989
Terry Wiley was indicted on charges of burglary and rape. He was convicted of burglary and attempted rape and appeals.
1. Appellant contends the trial court erred by admitting a tape recorded statement made by appellant to the police without excising those portions of the tape in which appellant discussed getting anc using illegal drugs. “We find no error. ‘It is no valid ground of objecl tion to the admission in evidence of an incriminatory statement oi confession made by the accused in a criminal case that the language indicated that the accused had committed also another and separatj offense.’ [Cit.]” Berryhill v. State, 235 Ga. 549, 551-552 (6) (221 SE2d 185) (1975).
2. Appellant contends the trial court erred by charging the jur| as to attempted rape because the evidence authorized the jury to cor sider only rape or nothing at all. However, the victim testified at tl trial that while appellant’s co-defendant did rape her, appellant faile| to penetrate the victim when he climbed on top of her and wer “through the motions of the” act because the victim was able to g(j
Judgment affirmed.
