C. C. R. v. State of Georgia

Full title: C. C. R. v. STATE OF GEORGIA

Court: Court of Appeals of Georgia

Date published: Feb 24, 1978

243 S.E.2d 601 (Ga. Ct. App. 1978)

145 Ga. App. 27

Opinion

55040.

SUBMITTED JANUARY 11, 1978.

DECIDED FEBRUARY 24, 1978.

Juvenile delinquency. Terrell Juvenile Court. Before Judge Raines.

Drake Tracy, John L. Tracy, for appellant.

John R. Irwin, District Attorney, Christopher A. Townley, Assistant District Attorney, for appellee.

QUILLIAN, Presiding Judge.

The defendant, a juvenile, appeals the judgment of delinquency. He contends that the evidence was insufficient to support the prosecution since it was predicated solely on the corroborating testimony of a co-participant. Citing Code § 38-121 it is urged that, as in a criminal prosecution, corroboration of an accomplice's testimony is essential. Held:

In numerous decisions our courts have held that corroboration of an accomplice is not necessary to sustain a misdemeanor conviction. Martin v. State, 17 Ga. App. 372 (1) ( 86 S.E. 945) and cits.; Fields v. State, 88 Ga. App. 770 (1) ( 77 S.E.2d 751). For, Code § 38-121 specifically requires corroboration "in any case of felony," otherwise, "the testimony of a single witness is generally sufficient to establish a fact." Since this was not a felony case, we therefore find there was some evidence to sustain the defendant's adjudication as a delinquent.

Judgment affirmed. Webb and McMurray, JJ., concur.

QUILLIAN, Presiding Judge.

SUBMITTED JANUARY 11, 1978 — DECIDED FEBRUARY 24, 1978.