SELVIDGE v. STATE, 170 Ga. App. 697 (1984)

319 S.E.2d 136

SELVIDGE v. THE STATE.

64723.Court of Appeals of Georgia.
DECIDED APRIL 13, 1984.

BIRDSONG, Judge.

Our judgment in Selvidge v. State, 166 Ga. App. 80
(303 S.E.2d 294) has been affirmed by the Supreme Court in Selvidge v. State, 252 Ga. 243 (313 S.E.2d 84). However, that portion of our opinion holding that a thief and a receiver of the goods stolen are not considered to be accomplices thus obviating any necessity for the corroboration of an accomplice’s testimony has been overruled, as have been the earlier decisions to that effect.

We hereby adopt the reasoning and judgment of the Supreme Court holding that where a thief and a receiver of stolen property have acted pursuant to a common criminal enterprise, they are considered to be accomplices within the meaning of OCGA § 24-4-8 and the accomplice’s testimony requires some corroboration.

For the reasons stated in our original opinion as modified by the Supreme Court, the judgment of conviction and sentence in this case are affirmed.

Judgment affirmed. McMurray, C. J., Deen, P. J., Quillian, P. J., Banke, P. J., Carley, Sognier, and Pope, JJ., concur. Benham,

Page 698

J., not participating.

DECIDED APRIL 13, 1984.
Theft by receiving. Newton Superior Court. Before Judge Ellis.

G. Alan Blackburn, for appellant.

John T. Strauss, District Attorney, Steven A. Hathorn, Jim Morgan, Assistant District Attorneys, for appellee.