Opinion
62554.
DECIDED OCTOBER 6, 1981.
Burglary. Henry Superior Court. Before Judge Crumbley.
Arch W. McGarity, for appellant.
E. Byron Smith, District Attorney, Donald J. Coffey, for appellee.
The defendant appeals his burglary conviction. Held:
1. The first enumeration of error is that the trial court erred in allowing the defendant's statements to be read to the jury since such statements were not voluntary. The evidence in this regard was not without conflict but the state's witness testified that the statements were freely and voluntarily given.
The applicable rules are set forth in our decision of Lee v. State, 154 Ga. App. 562, 563 ( 269 S.E.2d 65). "`The standard for determining the admissibility of confessions is the preponderance of the evidence. Lego v. Twomey, 404 U.S. 477 ( 92 SC 619, 30 L.Ed.2d 618) (1972); High v. State, 233 Ga. 153 ( 210 S.E.2d 673) (1974); Hurt v. State, 239 Ga. 665, 669 ( 238 S.E.2d 542) (1977). To determine whether the state has proven that a confession was made voluntarily, the trial court must consider the totality of the circumstances. Clewis v. Texas, 386 U.S. 707 ( 87 SC 1338, 18 L.Ed.2d 423) (1967); Pierce v. State, 238 Ga. 126 ( 231 S.E.2d 744) (1977) . . . Unless clearly erroneous, a trial court's findings as to factual determinations and credibility relating to the admissibility of a confession will be upheld on appeal. United States v. Watson, 469 F.2d 362, 365 (5th Cir. 1972); Johnson v. State, 233 Ga. 58 ( 209 S.E.2d 629) (1974); High v. State, supra; Hurt v. State, supra.'" Accord, Gates v. State, 244 Ga. 587, 590 ( 261 S.E.2d 349).
There was no error in admitting the statements made by the defendant.
2. For the first time, on appeal the defendant attempts to raise an issue as to newly discovered evidence. We find this enumeration of error nonmeritorious.
Judgment affirmed. McMurray, P. J., and Pope, J., concur.