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WHARTON v. STATE

Court of Appeals of Georgia.
May 9, 1978
Important Paras
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QUILLIAN, Presiding Judge.

The defendants appeal their convictions for attempted theft and aggravated assault. Held:

1. The Supreme Court in State v. Middlebrooks, 236 Ga. 52 ( 222 S.E.2d 343), has already adversely decided the question raised with regard to the failure to hold a commitment hearing.

2. Testimony by a witness as to statements made to him by one of the defendants was not inadmissible as hearsay. Sheffield v. State, 107 Ga. App. 610 (3) ( 131 S.E.2d 76).

3. Under the circumstances here, and absent a proper request, it was not error to fail to charge on the "presumption of good general character." See Knighton v. State, 72 Ga. App. 43 ( 32 S.E.2d 861); Widner v. State, 197 Ga. 542, 545 (2) ( 30 S.E.2d 97).

4. The evidence was sufficient to authorize the verdict.

Judgment affirmed. Webb and McMurray, JJ., concur.

QUILLIAN, Presiding Judge.

SUBMITTED APRIL 6, 1978 — DECIDED MAY 9, 1978.