Smith v. State

Deen, Chief Judge.

The appellant was tried and convicted of burglary and brings this appeal following the denial of his motion for a new trial.

During the trial, the defendant admitted that he broke into an automobile paint and body shop to get some tires and that he stole a stereo. "A defendant’s admission in open court is an admission in judicio, and the fact therein stated may be taken as true without further proof. ... Such judicial admission is conclusive ... In view of the defendant’s admission of guilt any alleged errors in the charge must be considered as harmless error.” Harris v.…