Brown v. State

Eberhardt, Presiding Judge.

Appellant, together with defendants Flinchum, Peterson, George, Brannon, Fagala, Aiken and Schmalz, were jointly indicted for theft by taking in a check kiting operation as a result of which the First Georgia Bank lost in excess of $300,000.

Defendants Aiken, Flinchum and Brown were tried separately and in each case verdicts of guilty were returned. In Brown’s appeal error is enumerated on the admission of testimony of co-conspirators Brannon and Peterson, the enumeration being based upon Code § 38-414 which prohibits the admission of a confession of a co-conspirator made after termination of the conspiracy as against any save himself. Error is also enumerated on the overruling of a motion for new trial on the general grounds.

Held:

1. The general grounds are without merit. The evidence is ample to support a conviction.

2. The admission of a confession made by a co-conspirator after termination of the conspiracy is quite a different thing from the admission of sworn testimony by a co-conspirator and this has been recognized by the Supreme Court in

Pippin v. State,

205 Ga. 316 (12) ( 53 SE2d 482 ), where he is held to be a competent witness to testify as to any relevant matter concerning the charge, and that in this situation Code § 38-414 has no application.

Judgment affirmed.

Deen and Stolz, JJ., concur.

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Nick G. Lambros,

for appellant.

Lewis R. Slaton, District Attorney, Richard E. Hicks, Morris H. Rosenberg,

for appellee.