Talley v. State

Smith, Justice.

Appellant was convicted of two counts of assault with a deadly weapon. The Court of Appeals affirmed. Talley v. State, 164 Ga. App. 150 (296 SE2d 173) (1982). Appellant’s writ of certiorari was granted to consider the sole question of whether a portion of appellant’s incriminating in-custody statement to a police officer which the officer failed to include in a transcribed summary for discovery was properly admitted into evidence. We affirm but for a different reason.

The victim testified that as he was jogging, the appellant attempted to run him down with a truck. Thereafter,…