Denison v. State, 373 S.E.2d 503 (Ga. 1988). · Go Syfert
Denison v. State, 373 S.E.2d 503 (Ga. 1988). Cases Citing This Book View Copy Cite
“under ocga 27 24-3-5 statements made by a conspirator during the course of a conspiracy are admissible against all conspirators after the fact of the conspiracy is proved.”
56 citation events (16 in the last 25 years) across 2 distinct courts.
Strongest positive: Toney v. State (gactapp, 2010-05-11)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 14 distinct citers.
discussed Cited as authority (quoted) Toney v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2010 · quote attribution · 1 verbatim quote · confidence low
under ocga 27 24-3-5 statements made by a conspirator during the course of a conspiracy are admissible against all conspirators after the fact of the conspiracy is proved.
discussed Cited as authority (rule) Clark v. State
Ga. Ct. App. · 2003 · confidence medium
Blackburn, P. J., and Ellington, J., concur. 1 (Citations and footnotes omitted.) Jordan v. State, 247 Ga. 328, 338 (6) ( 276 SE2d 224 ) (1981). 2 Hyde v. State, 275 Ga. 693, 696 (4) ( 572 SE2d 562 ) (2002). 3 Hoffman v. State, 259 Ga. App. 131, 135 (5) ( 576 SE2d 102 ) (2003). 4 246 Ga. 13 (1) ( 268 SE2d 643 ) (1980). 5 Supra. 6 250 Ga. 630, 635 (4) (a) ( 300 SE2d 640 ) (1983). 7 258 Ga. 690, 692 (4) ( 373 SE2d 503 ) (1988). 8 260 Ga. 784 (2) ( 400 SE2d 327 ) (1991). 9 212 Ga. App. 175 (1) ( 442 SE2d 771 ) (1994). 10 268 Ga. 555, 557 (2) ( 491 SE2d 348 ) (1997). 11 274 Ga. 444, 448 (6) ( 553 …
discussed Cited as authority (rule) Purvis v. State
Ga. · 2001 · confidence medium
Parks v. State, 272 Ga. 353 ( 529 SE2d 127 ) (2000); Taylor v. State, 272 Ga. 744 ( 534 SE2d 67 ) (2000). 3 Bright v. State, 265 Ga. 265, 283 ( 455 SE2d 37 ) (1995). 4 Livingston v. State, 271 Ga. 714, 719 ( 524 SE2d 222 ) (1999); Waldrip v. State, 267 Ga. 739, 747 ( 482 SE2d 299 ) (1997); Denison v. State, 258 Ga. 690, 691 ( 373 SE2d 503 ) (1988). 5 See Livingston, 271 Ga. at 719-720 ; Copeland v. State, 266 Ga. 664, 665 ( 469 SE2d 672 ) (1996). 6 Heidler v. State, 273 Ga. 54, 60 ( 537 SE2d 44 ) (2000). 7 See Fetty v. State, 268 Ga. 365, 371-372 (7) ( 489 SE2d 813 ) (1997); Copeland v. State,…
discussed Cited as authority (rule) Butts v. State (2×)
Ga. · 2001 · confidence medium
This appeal was docketed in this Court on November 3, 2000, and orally argued on February 12, 2001. [2] Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); OCGA § 17-10-30(b)(2). [3] Miller v. State, 270 Ga. 741, 742 (1), 512 S.E.2d 272 (1999); Smith v. State, 267 Ga. 502, 503-504 (3), 480 S.E.2d 838 (1997). [4] Pope v. State, 257 Ga. 32, 34-35 (2)(a), 354 S.E.2d 429 (1987) (citing United States v. Slay, 714 F.2d 1093 (11th Cir.1983)); see Rule 25.1 Uniform Rules for the Superior Courts; see also Kurtz v. State, 233 Ga.App. 186, 187-188 (3), 504 S.E.2d 51 (1998) (noting…
cited Cited as authority (rule) Waldrip v. State
Ga. · 1997 · confidence medium
See OCGA § 24-3-5; Denison v. State, 258 Ga. 690, 691 (1) ( 373 SE2d 503 ) (1988).
discussed Cited as authority (rule) Willey v. State
Ga. Ct. App. · 1993 · confidence medium
It is true that “[a] criminal defendant is entitled at his expense on motion timely made to have an expert of his choosing examine critical evidence which may be subject to varying expert opinion. *400 Sabel v. State, 248 Ga. 10 ( 282 SE2d 61 ) (1981).” Denison v. State, 258 Ga. 690, 691 (2) ( 373 SE2d 503 ) (1988).
discussed Cited as authority (rule) Lee v. State (2×)
Ga. Ct. App. · 1992 · confidence medium
“The trial judge may admit testimony by co-conspirators before the conspiracy has been proved, provided that such existence is after-wards shown during the trial. [Cit.]” Denison v. State, 258 Ga. 690, 691 (1) ( 373 SE2d 503 ) (1988). “ ‘The existence of a common design or purpose between two or more persons to commit an unlawful act may be shown by direct or circumstantial evidence. [Cits.]’ [Cit.]” Harris v. State, 255 Ga. 500, 501 (2) ( 340 SE2d 4 ) (1986).
discussed Cited as authority (rule) Beam v. State (2×)
Ga. · 1991 · confidence medium
In Denison v. State, 258 Ga. 690, 691 (4) ( 373 SE2d 503 ) (1988), we rejected an assumption of bias on the part of sworn deputies, employed by the sheriff.
discussed Cited "see" Anderson v. State (2×)
Ga. · 2020 · signal: see · confidence high
See Denison v. State, 258 Ga. 690, 692 (4) ( 373 SE2d 503 ) (1988) (sworn part-time deputy for the Liberty But Anderson did not call Juror 13 to testify at his motion for new trial hearing, and, as a result, he has presented no actual evidence that Juror 13 either harbored any bias at all or that Anderson was harmed in any other way by Juror 13’s participation in his trial.15 So, under Strickland, supra, Anderson has wholly failed to support his contention that trial counsel was ineffective in his handling of Juror 13. (c) Finally, Anderson contends that trial counsel was constitutionally in…
discussed Cited "see" Moses v. State (2×)
Ga. Ct. App. · 2004 · signal: see · confidence high
See Denison v. State, 258 Ga. 690 (4) ( 373 SE2d 503 ) (1988) (no assumption of bias on the part of sworn deputies employed by the sheriff); Wilson v. State, 250 Ga. 630 (4) (a) ( 300 SE2d 640 ) (1983) (no assumption of bias on the part of inactive reserve and auxiliary police); Jordan v. State, 247 Ga. 328 (6) ( 276 SE2d 224 ) (1981) (former police officers currently working at state correctional facility not subject to challenge for cause).
examined Cited "see" DeYoung v. State (4×)
Ga. · 1997 · signal: see · confidence high
See Denison v. State, 258 Ga. 690 (4), 373 S.E.2d 503 (1988).
discussed Cited "see" Mosher v. State (2×)
Ga. · 1997 · signal: see · confidence high
See Denison v. State, 258 Ga. 690 (4) ( 373 SE2d 503 ) (1988) (no assumption of bias on the part of sworn deputies employed by the sheriff); Wilson v. State, 250 Ga. 630 (4) (a) ( 300 SE2d 640 ) (1983) (no assumption of bias on the part of inactive reserve and auxiliary police); Jordan v. State, 247 Ga. 328 (6) ( 276 SE2d 224 ) (1981) (former police officers currently working at state correctional facility not subject to challenge for cause).
examined Cited "see" Woods v. State (4×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See Denison v. State, 258 Ga. 690, 691 (4), 373 S.E.2d 503 (1988) (part-time police officers not automatically excluded); Wilson v. State, 250 Ga. 630, 635 (4), 300 S.E.2d 640 (1983) (no automatic exclusion for reserve police officers); Thompson v. State, 212 Ga.App. 175, 176 (1), 442 S.E.2d 771 (1994) (full-time corrections officers without arrest powers not automatically excluded); Smith v. State, 201 Ga.App. 82 (1), 410 S.E.2d 202 (1991) (automatic exclusion inapplicable to retired police officers); and Dixon v. State, 180 Ga.App. 222, 225 (5), 348 S.E.2d 742 (1986) (security guards not aut…
discussed Cited "see, e.g." Martinez v. State (2×)
Ga. Ct. App. · 2003 · signal: see also · confidence low
Mosher v. State, 268 Ga. 555, 557 (2) ( 491 SE2d 348 ) (1997) (no error in refusing to disqualify an employee of the Federal Law Enforcement Training Center who worked as an instructor); Woods v. State, 224 Ga. App. 52, 53 (1) ( 479 SE2d 414 ) (1996) (no error in refusing to strike for cause an instructor employed by the GBI); see also Denison v. State, 258 Ga. 690 (4) ( 373 SE2d 503 ) (1988) (no automatic disqualification for people less connected with law enforcement than full-time police officers). 3.
Denison
v.
the State
45934.
Supreme Court of Georgia.
Nov 10, 1988.
373 S.E.2d 503
Randall M. Clark, for appellant., Dupont K. Cheney, District Attorney, Michael J. Bowers, Attorney General, Eddie Snelling, Jr., Assistant Attorney General, for appellee.
Clarke.
Cited by 26 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 75%
Citer courts: Court of Appeals of Georgia (1)
Clarke, Presiding Justice.

Appellant was convicted of killing Mack A. Richburg, his uncle by marriage. [1] Richburg was shot in the back and killed as he entered his hunting club. Evidence showed that Richburg’s wife hired appellant and another man to kill her husband. Testimony showed appellant’s wife took him to an area near Richburg’s hunting club the day of the murder and picked him up five hours later at which time he told his wife and Richburg’s wife that he had killed Richburg.

Shell casings fired from an automatic were found at the firebreak in front of the club entrance. Tests by the state crime lab showed that the casings found in the firebreak were fired from a gun belonging to a friend of appellant; appellant had converted this gun to an automatic. Three cartridges found at appellant’s home had been placed in the same weapon. Evidence showed that the friend had purchased this gun for appellant.

A second weapon, a .45 calibre automatic weapon, was used in the homicide. The record shows that appellant had possession of this weapon on the date of the homicide. Allen Hall, a co-conspirator told a third person that he and appellant had killed Richburg. Appellant’s wife told the Wayne County sheriff that appellant had killed Richburg. For the following reasons, we affirm the conviction.

1. Appellant first argues that the trial court erred by allowing Anna Brannon to testify concerning statements made by Allen Hall. Allen Hall was a co-conspirator in the homicide and was deceased at the time of trial. Anna Brannon was his girl friend. Under OCGA §24-3-5 statements made by a conspirator during the course of a conspiracy are admissible against all conspirators after the fact of the conspiracy is proved. The conspiracy is in progress until its ultimate pur[*691] pose is accomplished, including efforts to conceal the crime and the identity of the perpetrators. Hardy v. State, 245 Ga. 272 (264 SE2d 209) (1980). The trial judge may admit testimony by co-conspirators before the conspiracy has been proved, provided that such existence is afterwards shown during the trial. Jenkins v. State, 73 Ga. App. 515 (37 SE2d 230) (1946).

2. Appellant also contends that the trial court improperly allowed into evidence two J. C. Penney’s charge slips signed by Kenneth Beasley on the day of the murder. The charge slips were not made available to appellant before trial, and he was unaware of them. Appellant argues he had the right to view the charge slips before trial to evaluate the handwriting to determine if Beasley’s signatures on the slips were authentic. Appellant’s defense is that Beasley murdered Richburg, and admitting the charge slips without proper authenticity was error, because they establish an alibi for Beasley. Appellant maintains that the signatures were forgeries. Beasley testified at trial and was subject to cross-examination that the signatures were his. Therefore, appellant had the chance to impeach the testimony regarding Beasley’s actions the day of the homicide.

A criminal defendant is entitled at his expense on motion timely made to have an expert of his choosing examine critical evidence which may be subject to varying expert opinion. Sabel v. State, 248 Ga. 10 (282 SE2d 61) (1981). In view of the evidence of the defendant’s guilt and the lack of evidence of Beasley’s guilt, we find that the charge slips were not critical evidence as required under Sabel. Defendant was not entitled to an expert examination of the charge slips.

3. Appellant’s third enumeration of error relates to a comment made by the trial judge regarding a chart showing telephone calls between co-conspirators submitted into evidence by the state. The court stated the chart was a “very well prepared chart,” and appellant’s counsel immediately moved for a mistrial.

The judge’s comment was directed toward the preparation of the chart, rather than the strength of the evidence. The preparation of the chart was not an issue in the case. In addition, the judge gave the jury curative instructions immediately after he made the statement and during his final charge. The judge stated plainly that his comment was not intended as an opinion about the facts of the case. The judge’s comments did not influence the jurors against the defendant.

4. Appellant next argues that the court should have disqualified jurors Aspinwall and Williams, because they were sworn deputies and therefore were automatically prejudiced jurors. Full-time police officers must be excused if challenged for cause in a criminal case. Hutcheson v. State, 246 Ga. 13 (268 SE2d 643) (1980).

Aspinwall was a full time college student and a part-time radio operator for the Bulloch County Sheriff. He had no knowledge of the[*692] facts of the case and did not have the power to arrest. Williams was a sworn deputy for the Liberty County Sheriff’s office. Like Aspinwall, he was a part-time policeman; he likened his part-time police work to being a night watchman, keeping his eyes open in the neighborhood in which he lived. Each man informed the court that he could hear the case impartially.

Decided November 10, 1988. Randall M. Clark, for appellant. Dupont K. Cheney, District Attorney, Michael J. Bowers, Attorney General, Eddie Snelling, Jr., Assistant Attorney General, for appellee.

Part-time police officers are not automatically and arbitrarily subject to the rule set forth in Hutcheson, supra. Given the limited nature of the duties of these jurors we do not find that their excusal for cause is required. Wilson v. State, 250 Ga. 630 (300 SE2d 640) (1983).

5. Appellant’s final argument, based on OCGA § 17-7-210, is that the trial court erred by allowing into evidence a statement given by appellant during a search of his home pursuant to a search warrant on April 12, 1985, two years before his arrest. Appellant argues this statement should have been excluded. Under OCGA § 17-7-210 if a criminal defendant makes a statement while in police custody, no relevant or material portion of the statement may be used against him unless it has been previously furnished to the defendant, after he has requested a copy of such statement in writing.

The trial court held a Jackson v. Denno hearing out of the presence of the jury in which the court determined that Denison’s statement was voluntarily made and that it was not made while the defendant was in custody. The searching police officers read him a Miranda warning, then he made a statement. He was not in custody at the time he made the statement; therefore, OCGA §17-7-210 is inapplicable. It was not error to admit the statement.

Judgment affirmed.

All the Justices concur.
1

The crime was committed on April 9, 1985. Appellant was arrested August 2, 1987. The Liberty County jury returned its verdict of guilty, and appellant was sentenced March 18, 1988. A motion for new trial was filed April 7, 1988 and was denied May 19, 1988. The notice of appeal was filed May 27, 1988. The case was docketed in this court June 24, 1988 and was argued September 20, 1988.