Phillips v. State

Quillian, Presiding Judge.

The defendant appeals his conviction for burglary. Held:

1. The first enumeration of error complains of the failure to charge Code § 38-414 regarding a confession by a joint offender or conspirator. The facts show that a co-conspirator did make a "statement”; however, no such "statement” was introduced into evidence. Instead, the co-conspirator testified as to the defendant’s involvement in the criminal enterprise.

Code § 38-414 has no application and need not be charged "in a case in which no confession of a joint offender or conspirator is offered, but where such…