# Brown v. State

> Court of Appeals of Georgia · June 20, 1974 · 132 Ga. App. 200

URL: https://www.frixlaw.com/law-library/cases/1373526

## Case

- **Full name:** Brown v. the State
- **Court:** Court of Appeals of Georgia
- **Decided:** June 20, 1974
- **Citations:** 132 Ga. App. 200; 207 S.E.2d 682; 1974 Ga. App. LEXIS 1646
- **Precedential status:** Published
- **Opinion:** Opinion by Eberhardt
- **Judges:** Eberhardt, Deen, Stolz
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1373526

## Opinion text

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.
*201
Nick G. Lambros,
for appellant.
Lewis R. Slaton, District Attorney, Richard E. Hicks, Morris H. Rosenberg,
for appellee.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1373526. Public record. Not legal advice.