Lynch v. State

Shulman, Judge.

A jury found appellant guilty of conspiracy to commit murder. This appeal follows the denial of a motion for a new trial.

1. Appellant, citing Mayor &c. of Savannah v. Palmerio, 135 Ga. App. 147 (217 SE2d 430), urges that the judge erred in failing to consider the admissibility of certain tape recordings outside the presence of the jury. These tape recordings consisted of conversations between appellant and a state agent and the state agent and an alleged co-conspirator.

"When the admissibility of evidence is challenged, a hearing out of the presence of the jury on the question…