Kirkland v. State, 234 S.E.2d 133 (Ga. Ct. App. 1977). · Go Syfert
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Kirkland v. State, 234 S.E.2d 133 (Ga. Ct. App. 1977). Cases Citing This Book View Copy Cite
83 citation events across 2 distinct courts.
Strongest positive: Kimbrough v. State (gactapp, 1994-11-21)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 8 distinct citers.
discussed Cited "see" Kimbrough v. State (2×)
Ga. Ct. App. · 1994 · signal: see · confidence high
See Kirkland v. State, 141 Ga. App. 664 ( 234 SE2d 133 ). 3.
discussed Cited "see" Hill v. State (2×)
Ga. Ct. App. · 1989 · signal: see · confidence high
See Kirkland v. State, 141 Ga. App. 664 ( 234 SE2d 133 ) (1977). (b) Without addressing the intrinsic merit of the argument, we note that appellant may not assert as error in his own appeal the fact that Emmett may have been placed twice in jeopardy by standing trial for the same offenses to which he pled guilty. “ ‘Appellant cannot enumerate error as to another defendant in the case, as no harm to appellant could be caused. . . .’ [Cit.]” Lewis v. State, 188 Ga. App. 205, 206 (3) ( 372 SE2d 482 ) (1988). 6.
discussed Cited "see" Powell v. State (2×)
Ga. Ct. App. · 1989 · signal: see · confidence high
See Kirkland v. State, 141 Ga. App. 664 ( 234 SE2d 133 ). 2.
discussed Cited "see" Sweet v. State (2×)
Ga. Ct. App. · 1989 · signal: see · confidence high
See Kirkland v. State, 141 Ga. App. 664 ( 234 SE2d 133 ). 7.
discussed Cited "see" Northside Motors, Inc. v. O'Berry (2×)
Ga. Ct. App. · 1983 · signal: see · confidence high
See Kirkland v. State, 141 Ga. App. 664 ( 234 SE2d 133 ).
discussed Cited "see" Welborn v. State (2×)
Ga. Ct. App. · 1983 · signal: see · confidence high
See Kirkland v. State, 141 Ga. App. 664 ( 234 SE2d 133 ).
discussed Cited "see" Wingfield v. State (2×)
Ga. Ct. App. · 1981 · signal: see · confidence high
See Kirkland v. State, 141 Ga. App. 664 ( 234 SE2d 133 ).
discussed Cited "see" Lakes v. State (2×)
Ga. Ct. App. · 1979 · signal: see · confidence high
See Kirkland v. State, 141 Ga. App. 664 ( 234 SE2d 133 ).
Kirkland
v.
the State
53608.
Court of Appeals of Georgia.
Mar 7, 1977.
234 S.E.2d 133
Joseph R. Baker, Paul McGee, for appellant., William H. Ison, District Attorney, Clifford A. Sticker, Assistant District Attorney, for appellee.
Webb, Deen, Marshall.
Cited by 42 opinions  |  Published
Webb, Judge.

A. E. Kirkland appeals from his conviction of burglary urging two errors in the charge and one error on an evidentiary ruling. [1] All three errors concern an oral confession made by the co-defendant Ingram in Kirkland’s presence which inculpated Kirkland. It is contended that this evidence adversely affected the jury’s determination of his guilt.

We affirm. Even if the confession had been totally excluded, the verdict of guilty was demanded by other evidence. The two inept burglars were caught red-handed stealing television sets from a motel, and the confession added nothing of substance to the state’s case. Accordingly, not only was it "highly probable that the error did not contribute to the judgment” within the contemplation of the newly-announced "highly probable” test (Johnson v. State, 238 Ga. 59, 61 (230 SE2d 869) (1976)), but also any error with respect to it was harmless beyond a reasonable doubt (Zinn v. State, 134 Ga. App. 51, 52 (213 SE2d 156) (1975) and cits Robinson v. State, 232 Ga. 123, 128 (4) (205 SE2d 210) (1974)), including any error which might rise to constitutional proportions under Bruton v. United States, 391 U. S. 123 (88 SC 1620, 20 LE2d 476). Cauley v. State, 130 Ga. App. 278, 287 (203[*665] SE2d 239) (1973); Spivey v. State, 138 Ga. App. 298, 301 (226 SE2d 104) (1976).

Argued March 3, 1977 Decided March 7, 1977 Rehearing denied March 22, 1977 Joseph R. Baker, Paul McGee, for appellant. William H. Ison, District Attorney, Clifford A. Sticker, Assistant District Attorney, for appellee.

Judgment affirmed.

Deen, P. J., and Marshall, J., concur.
1

For related appeals see Ingram v. State, 137 Ga. App. 412 (224 SE2d 527) (1976); Kirkland v. State, 140 Ga. App. 197 (230 SE2d 347) (1976).