Moore v. State, 240 S.E.2d 68 (Ga. 1977). · Go Syfert
Moore v. State, 240 S.E.2d 68 (Ga. 1977). Cases Citing This Book View Copy Cite
135 citation events (27 in the last 25 years) across 5 distinct courts.
Strongest positive: Nalls v. State (ga, 2018-06-04)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 37 distinct citers.
discussed Cited as authority (rule) Nalls v. State
Ga. · 2018 · confidence medium
In Moore , the appellant argued that the testimony of a state's witness should have been excluded for lack of corroboration because the witness, having helped count money stolen in a robbery, was an accomplice to the robbery. 240 Ga. at 211 (1), 240 S.E.2d 68 .
discussed Cited as authority (rule) NALLS v. THE STATE (Two Cases)
Ga. · 2018 · confidence medium
In Moore, the appellant argued that the testimony of a state’s witness should have been excluded for lack of corroboration because the witness, having helped count money stolen in a robbery, was an accomplice to the robbery. 240 Ga. at 211 (1).
discussed Cited as authority (rule) Ratana v. State
Ga. Ct. App. · 2009 · confidence medium
State, 278 Ga. 704, 705 ( 606 SE2d 269 ) (2004) (citations omitted); Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 Head v. State, 261 Ga. App. 185, 186-187 (1) ( 582 SE2d 164 ) (2003) (punctuation omitted). 3 Yancey v. State, 281 Ga. 664, 665 (1) ( 641 SE2d 524 ) (2007) (punctuation and footnote omitted). 4 Hill v. State, 281 Ga. 795, 797 (1) (a) ( 642 SE2d 64 ) (2007), citing OCGA § 16-2-20 (b) (citations and punctuation omitted). 5 Jordan v. State, 272 Ga. 395, 396 (1) ( 530 SE2d 192 ) (2000) (citation omitted). 6 Millender v. State, 286 Ga. App. 331, 332 (1) ( 648 …
cited Cited as authority (rule) Lopez v. State
Ga. Ct. App. · 2006 · confidence medium
Moore v. State, 240 Ga. 210, 212 ( 240 SE2d 68 ) (1977); Searcy v. State, 214 Ga. App. 620 ( 448 SE2d 468 ) (1994); Hardeman v. State, 180 Ga. App. 632, 633-634 ( 349 SE2d 839 ) (1986).
discussed Cited as authority (rule) Lopez v. State (2×)
Ga. Ct. App. · 2000 · confidence medium
An accessory after the fact is not a party to a crime under OCGA § 16-2-20, but instead “is guilty of a separate, substantive offense in the nature of an obstruction of justice.” Moore v. State, 240 Ga. 210, 212 (1) ( 240 SE2d 68 ) (1977).
discussed Cited as authority (rule) State v. Freeman
Ga. · 2000 · confidence medium
All the Justices concur. 1 See Freeman v. State, 269 Ga. 337 ( 496 SE2d 716 ) (1998). 2 164 U. S. 492 (17 SC 154, 41 LE 528) (1896). 3 See OCGA § 5-7-1 (a) (2). 4 Black’s Law Dictionary 105 (7th ed. 1999); see also OCGA § 17-9-61 (permitting either party to move in arrest of judgment for any nonamendable defect that appears on the face of the record or pleadings). 5 Gunn v. State, 227 Ga. 786, 787 ( 183 SE2d 389 ) (1971); Pippin v. State, 172 Ga. 224 ( 157 SE 185 ) (1931). 6 See Marshall v. State, 229 Ga. 841 ( 195 SE2d 12 ) (1972) (treating motion to withdraw pleas of nolo contendere as m…
discussed Cited as authority (rule) Samuels v. State
Ga. Ct. App. · 1996 · confidence medium
Appellant also asserts that the trial court erred in allowing the State, over appellant’s objection, to elicit Johnson’s testimony describing a conversation between the witness and appellant, during which appellant offered to sell Johnson “a little machine gun.” A “witness may testify as to what he saw and heard in the defendant’s presence.” Moore v. State, 240 Ga. 210, 212 ( 240 SE2d 68 ) (1977); see also Hurston v. State, 194 Ga. App. 226 ( 390 SE2d 119 ) (1990).
cited Cited as authority (rule) Searcy v. State
Ga. Ct. App. · 1994 · confidence medium
Moore v. State, 240 Ga. 210, 212 ( 240 SE2d 68 ) (1977); Hardeman v. State, 180 Ga. App. 632, 633-634 ( 349 SE2d 839 ) (1986). 2.
examined Cited as authority (rule) King v. State (3×) also: Cited "see"
Ga. Ct. App. · 1994 · confidence medium
Moore v. State, 240 Ga. 210, 212 (2), supra. 7.
discussed Cited as authority (rule) Jarrett v. State (2×)
Ga. Ct. App. · 1994 · confidence medium
See Broome v. State, 141 Ga. App. 538, 539, 540 (2) ( 233 SE2d 883 ); Moore v. State, 240 Ga. 210, 212 (2) ( 240 SE2d 68 ); Grindle v. State, 151 Ga. App. 164 (2) ( 259 SE2d 166 )." Henderson v. State, 170 Ga. App. 482, 483 ( 317 SE2d 343 ).
discussed Cited as authority (rule) Purvis v. State
Ga. Ct. App. · 1993 · confidence medium
“One guilty of violating [OCGA § 16-10-50] would be classified as an ‘accomplice after the fact’ at common law, and such an offender is not considered ... a ‘party to the crime’ under [OCGA § 16-2-20]. [Cits.] At common law and under modern practice, an accessory after the fact is not considered an accomplice to the underlying crime itself, but is guilty of a separate, substantive offense in the nature of an obstruction of justice.” Moore v. State, 240 Ga. 210, 211-212 ( 240 SE2d 68 ) (1977). “[Although the terminology of parties to a crime as principals in the first and second…
cited Cited as authority (rule) Moore v. State
Ga. Ct. App. · 1993 · confidence medium
Moore v. State, 240 Ga. 210, 212 (2) ( 240 SE2d 68 ) (1977).” Hurston v. State, 194 Ga. App. 226 ( 390 SE2d 119 ) (1990).
discussed Cited as authority (rule) Britt v. State
Ga. Ct. App. · 1992 · confidence medium
Moore v. State, 240 Ga. 210, 212 ( 240 SE2d 68 ) (1977); Hardeman v. State, 180 Ga. App. 632, 633-634 ( 349 SE2d 839 ) (1986) (voluntary, noncustodial incriminating statements of defendant admissible through testimony of anyone who heard them).
cited Cited as authority (rule) Reeves v. State
Ga. Ct. App. · 1990 · confidence medium
“A witness may testify as to what he saw and heard in the defendant’s presence.” Moore v. State, 240 Ga. 210, 212 (2) ( 240 SE2d 68 ) (1977).
cited Cited as authority (rule) Hurston v. State
Ga. Ct. App. · 1990 · confidence medium
Moore v. State, 240 Ga. 210, 212 (2) ( 240 SE2d 68 ) (1977).
discussed Cited as authority (rule) Sosebee v. State
Ga. Ct. App. · 1989 · confidence medium
“A witness may testify as to what he saw and heard in the defendant’s presence.” Moore v. State, 240 Ga. 210, 212 ( 240 SE2d 68 ) (1977); accord Broome v. State, 141 Ga. App. 538 (2) ( 233 SE2d 833 ) (1977).
discussed Cited as authority (rule) Chambers v. State (2×)
Ga. Ct. App. · 1987 · confidence medium
"A witness may testify as to what he saw and heard in the defendant's presence." Moore v. State, 240 Ga. 210, 212 ( 240 SE2d 68 ); accord Grindle v. State, 151 Ga. App. 164 (2) ( 259 SE2d 166 ); Broome v. State, 141 Ga. App. 538 (2) ( 233 SE2d 883 ).
cited Cited as authority (rule) Latimore v. State
Ga. Ct. App. · 1984 · confidence medium
See Grindle v. State, 151 Ga. App. 164 (2) ( 259 SE2d 166 ); Moore v. State, 240 Ga. 210, 212 (2) ( 240 SE2d 68 ); Broome v. State, 141 Ga. App. 538, 540 (2) ( 233 SE2d 883 ).
cited Cited as authority (rule) Henderson v. State
Ga. Ct. App. · 1984 · confidence medium
See Broome v. State, 141 Ga. App. 538, 539, 540 (2) ( 233 SE2d 883 ); Moore v. State, 240 Ga. 210, 212 (2) ( 240 SE2d 68 ); Grindle v. State, 151 Ga. App. 164 (2) ( 259 SE2d 166 ).
discussed Cited as authority (rule) Henderson v. State
Ga. Ct. App. · 1982 · confidence medium
Germany v. State, 235 Ga. 836, 840 (2) ( 221 SE2d 817 ) (1976); Davis v. State, 135 Ga. App. 203 (4) ( 217 SE2d 343 ) (1975). “ ‘[S]ince the testimony was admissible, though only for a limited purpose, the trial judge did not err in refusing to exclude it completely from evidence.’ [Cit.]” Moore v. State, 240 Ga. 210, 212 ( 240 SE2d 68 ) (1977).
cited Cited as authority (rule) Jones v. State
Ga. Ct. App. · 1981 · confidence medium
Bethay v. State, 235 Ga. 371 ( 219 SE2d 743 ); Moore v. State, 240 Ga. 210, 212 ( 240 SE2d 68 ).
cited Cited as authority (rule) Walker v. State
Ga. · 1981 · confidence medium
Dixon v. State, 243 Ga. 46 (1) ( 252 SE2d 431 ) (1979); Moore v. State, 240 Ga. 210, 211 (1) ( 240 SE2d 68 ) (1977).
discussed Cited as authority (rule) Griffin v. State
Ga. Ct. App. · 1978 · confidence medium
For example, a scanning of the first 500 pages of the Supreme Court’s current reporter (Volume 240) shows the following instances where trial judges’ discretionary decisions in criminal trials were deferred to because there was no showing of an abuse of discretion (as seldom there can be): Fortson v. State, 240 Ga. 5, 6 ( 239 SE2d 335 ) (1977) (motion for mistrial); Fouts v. State, 240 Ga. 39, 43, 45 ( 239 SE2d 366 ) (1977) (motion for continuance, allowing unsequestered witness to testify); Hudson v. State, 240 Ga. 70, 74 ( 239 SE2d 330 ) (1977) (evidentiary ruling); Miller v. State, 240 …
discussed Cited "see" Stanton v. State (2×)
Ga. · 2001 · signal: see · confidence high
See Moore v. State, 240 Ga. 210 ( 240 SE2d 68 ) (1977).
discussed Cited "see" Barnett v. State (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See Willingham v. State, 235 Ga. App. 475, 477 (2) ( 509 SE2d 744 ) (1998). 15 Belton v. State, 270 Ga. 671, 675 (6) ( 512 SE2d 614 ) (1999). 16 Bethel v. State, 232 Ga. App. 82, 84-85 (2) ( 500 SE2d 595 ) (1998). 17 Id. 18 See Wheeler v. State, 236 Ga. App. 197, 199 (2) ( 511 SE2d 564 ) (1999). 19 See Moore v. State, 240 Ga. 210, 212 (1) ( 240 SE2d 68 ) (1977). 20 See Klinect v. State, 269 Ga. 570, 575 (9) ( 501 SE2d 810 ) (1998).
discussed Cited "see" Harrison v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Moore v. State, 240 Ga. 210 ( 240 SE2d 68 ) (1977); Hurston v. State, supra; see also Franklin v. State, 208 Ga. App. 740, 741 ( 431 SE2d 733 ) (1993); Hartley v. State, supra; but cf. Reeves v. State, 194 Ga. App. 539, 540 ( 391 SE2d 35 ) (1990) (in which defendant’s failure to object waived several bases for excluding the hearsay testimony).
discussed Cited "see" Price v. State (2×)
Ga. Ct. App. · 1996 · signal: see · confidence high
Harris v. State, 202 Ga. App. 618, 621 (4) (c) ( 414 SE2d 919 ) (1992); see Moore v. State, 240 Ga. 210, 211 (1) ( 240 SE2d 68 ) (1977).
discussed Cited "see" Franklin v. State (2×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See Broome v. State, 141 Ga. App. 538 (2) ( 233 SE2d 883 ) (1977).” Moore v. State, 240 Ga. 210, 212 (2) ( 240 SE2d 68 ).
discussed Cited "see" Hartley v. State (2×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See Moore v. State, 240 Ga. 210, 212 ( 240 SE2d 68 ); King v. State, 202 Ga. App. 817, 819 (3) ( 415 SE2d 684 ).
cited Cited "see" Thaxton v. State
Ga. Ct. App. · 1987 · signal: see · confidence high
See gen *781 erally Moore v. State, 240 Ga. 210 (1), supra. 2.
discussed Cited "see" Kirby v. State (2×)
Ga. Ct. App. · 1985 · signal: see · confidence high
See Moore v. State, 240 Ga. 210, 211 (1) ( 240 SE2d 68 ) (1977).
cited Cited "see" Grant v. State
Ga. Ct. App. · 1981 · signal: see · confidence high
See 240 Ga. at 212 -213 supra. Counsel has not suggested how this Court can avoid the constraint of Art.
discussed Cited "see" Stroud v. State (2×)
Ga. · 1980 · signal: see · confidence high
See Moore v. State, 240 Ga. 210, 211 ( 240 SE2d 68 ) (1977).
discussed Cited "see, e.g." Jarrett v. State (2×)
Ga. · 1995 · signal: see, e.g. · confidence low
See, e.g., Reeves v. State, 194 Ga. App. 539 (1) ( 391 SE2d 35 ) (1990), relying on Moore v. State, 240 Ga. 210 (2) ( 240 SE2d 68 ) (1977); Broome v. *29 State, 141 Ga. App. 538 (2) ( 233 SE2d 883 ) (1977).
discussed Cited "see, e.g." Brown v. State (2×)
Ga. Ct. App. · 1989 · signal: see also · confidence low
See also Moore v. State, 240 Ga. 210 ( 240 SE2d 68 ) (1977).
discussed Cited "see, e.g." Mungin v. State (2×)
Ga. Ct. App. · 1987 · signal: see also · confidence low
See also Moore v. State, 240 Ga. 210 (2) ( 240 SE2d 68 ) (1977); Henderson v. State, 170 Ga. App. 482 ( 317 SE2d 343 ) (1984). 3.
discussed Cited "see, e.g." Darling v. State (2×)
Ga. · 1981 · signal: see also · confidence medium
See, also Moore v. State, 240 Ga. 210, 212 (3) ( 240 SE2d 68 ) (1977).
MOORE Et Al.
v.
THE STATE
32745.
Supreme Court of Georgia.
Nov 10, 1977.
240 S.E.2d 68
L. D. Langley, Jr., Joseph A. Maccione, for appellants., Lewis R. Slaton, District Attorney, R. David Petersen, Assistant District Attorney, Arthur K. Bolton, Attorney General, Isaac Byrd, Assistant Attorney General, for appellee.
Marshall.
Cited by 61 opinions  |  Published
Marshall, Justice.

The three appellants were convicted of the armed robbery of the Krispy Kreme Doughnut office on Ponce de Leon Avenue. The evidence at trial showed that the office was robbed on December 3,1976, by two men wearing ski. masks. They stole $3,806.

Approximately three weeks later, Evelyn Williams, the state’s key witness, informed the police that the appellants were the perpetrators of this robbery. She told the police, and later testified at trial, that she and appellant Grant were living together at the time. He arrived at their apartment on the night of the robbery with appellant Martin and a third man named Ellison. They had a gun, other paraphernalia, and a large sum of[*211] money, which she helped them count. They told her that they had just robbed the Krispy Kreme Doughnut office at the suggestion of appellant Rosemary Moore, who was an employee there. She had told them that a large amount of money was temporarily being held in the office. Williams later observed appellant Moore receive $250 for her involvement in the crime.

Appellant Moore and Donald Bennett were the employees present in the office at the time of the robbery. Mr. Bennett testified that the robbers did not ask any questions, but proceeded directly to the safe where the money was being stored. The investigating police officer testified that he inferred from this that it was an "inside job.”

1. The appellants contend that the testimony of state’s witness Williams should have been excluded for lack of corroboration under Code § 38-121, because she was an accomplice to the crime. They argue that Williams’ admission that she helped them count the stolen money shows that she was a party to the crime within the meaning of Code Ann. § 26-801 (Ga. L. 1968, pp. 1249, 1271) and that she was, therefore, an accomplice within the meaning of Code § 38-121.

We find this argument to be without merit. Under no view of the evidence introduced at trial could the witness be considered an accomplice to the crime with which the appellants were charged. If her conduct had risen to the violation of any penal law, it would have been Code Ann. § 26-2503 (Ga. L. 1968, pp. 1249,1312), which imposes criminal penalties for hindering the apprehension or punishment of a criminal. One guilty of violating Code Ann. § 26-2503 would be classified as an "accomplice after the fact” at common law, and such an offender is not considered an "accomplice” within the meaning of Code § 38-121 (see, e.g., Mills v. State, 193 Ga. 139 (17 SE2d 719) (1941); Kearce v. State, 178 Ga. 220 (172 SE 643) (1933); Springer v. State, 102 Ga. 447 (30 SE 971) (1897); Allen v. State, 74 Ga. 769 (1885)), or a "party to the crime” under Code Ann. § 26-801, supra. See Committee Notes to Code Ch. 8; Pressley v. State, 207 Ga. 274 (61 SE2d 113) (1950). See generally, Perkins, Criminal Law, 578 et seq.; [1] La-Eave & Scott, Criminal Law, 495-96. At common law[*212] and under modern practice, an accessory after the fact is not considered an accomplice to the underlying crime itself, but is guilty of a separate, substantive offense in the nature of an obstruction of justice.

2. The appellants contend that Williams’ testimony concerning statements made by the robbers at her apartment was inadmissible as hearsay.

Williams testified on direct examination as to statements that "they” — Grant, Martin, and Ellison — had made. However, on cross examination she testified that the other accomplice, Ellison, who was not on trial, did not say anything. Thus, Williams was testifying as to statements made by appellants Grant and Martin, and they made those statements in each other’s presence. Such testimony is not inadmissible on the ground that it is hearsay. A witness may testify as to what he saw and heard in the defendant’s presence. See Broome v. State, 141 Ga. App. 538 (2) (233 SE2d 883) (1977). Although under this exception to the hearsay rule the testimony was not admissible against appellant Moore, there was no request for the trial judge to limit its admissibility to the defendants making the statements. "[S]ince the testimony was admissible, though only for a limited purpose, the trial judge did not err in refusing to exclude it completely from evidence.” Munsford v. State, 235 Ga. 38, 44 (218 SE2d 792) (1975). [1]

3. The appellants complain of the trial court’s refusal to grant their motion for a mistrial on the ground that one of the jurors had seen appellant Grant in handcuffs following the first day of trial.

The appellants declined the opportunity to question the juror who had allegedly witnessed appellant Grant in handcuffs, and, thus, failed to establish that fact. In any event, the trial court did not abuse its discretion in[*213] denying their motion for a mistrial. See, e.g., Brand v. Wofford, 230 Ga. 750 (6) (199 SE2d 231) (1973); Morris v. State, 228 Ga. 39 (18) (184 SE2d 82) (1971).

Submitted September 9,1977 Decided November 10, 1977. L. D. Langley, Jr., Joseph A. Maccione, for appellants. Lewis R. Slaton, District Attorney, R. David Petersen, Assistant District Attorney, Arthur K. Bolton, Attorney General, Isaac Byrd, Assistant Attorney General, for appellee.

The evidence has been reviewed, and it is sufficient to support the verdicts.

Judgment affirmed.

All the Justices concur.
1

Although this issue was not raised at trial, in our opinion the testimony was admissible against all three appellants under Code Ann. § 38-306 as declarations of a co-conspirator during the pendency of the criminal project. See Pinion v. State, 225 Ga. 36 (165 SE2d 708) (1969).