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