Fleeman v. State

Sognier, Judge.

Fleeman appeals from his conviction of burglary.

1. In enumerations of error 1, 2 and 4, appellant contends the trial court erred by allowing a State witness, Steven Tidwell, to be questioned by the prosecuting attorney as to a prior inconsistent statement, and by ruling that the prior inconsistent statement was admissible as substantive evidence. Appellant argues that because Tidwell was a joint offender the rule set forth in Gibbons v. State, 248 Ga. 858, 862 (286 SE2d 717) (1982), is not applicable. Gibbons held that a prior inconsistent statement of a witness who takes the…