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. State, 133 Ga. App. 310 (211 SE2d 144) (1974). " 'Where in a criminal case not only the evidence but the defendant’s statement demanded the verdict rendered, a new trial will not be granted, even though the judge may have committed errors in his charge to the jury, in rulings on evidence, and in refusing to order a mistrial on account of improper argument of counsel. If the jury reached the only result which was legally possible in the case, the judgment of the trial judge will not be reversed merely for the purpose of allowing the case to be heard again, in order that the same result may be more technically reached.’ Robertson v. State, 95 Ga. App. 445, 447 (98 SE2d 199).” Tischmak v. State, 133 Ga. App. 534, 536 (211 SE2d 587) (1974).

Accordingly, this judgment must be affirmed.

Judgment affirmed.

McMurray, P. J., and Birdsong, J., concur. Shulman, J., not participating.