Foster v. State
Annotate this CaseDefendant was convicted of felony murder, with conspiracy to commit robbery as the underlying felony. On appeal, defendant contended, among other things, that the trial judge violated OCGA 17-8-57 when the trial judge gave a pre-evidentiary charge to the jury which contained the statement that "the State would introduce evidence in support of the charges contained in the indictment." The court held that judicial comments "limited to a clarification of procedures and [which] did not address the credibility of witnesses or any fact at issue in the trial" did not violate OCGA 17-8-57. The court rejected defendant's contention that an incriminating statement made by him should have been suppressed where the same issue was litigated and decided in a prior proceeding between the same parties. The court further held that, since there was evidence that defendant and his co-indictees engaged in a conspiracy to rob the victim, the trial court did not abuse its discretion in admitting the co-conspirator's statement. Accordingly, the court affirmed the judgment.
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