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Howard v. State

The juvenile's constitutional rights were not implicated when he spontaneously made a statement of apology as an officer led him to the booking desk at the sheriff's office.

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After a jury trial, Garrett Delmar Howard III was convicted of aggravated assault OCGA § 16-5-21 c and possession of a firearm during the commission of a crime OCGA § 16-11-106. Howard argues that the trial court erred in denying his motion for directed verdict, but evidence authorized the jury’s verdict of guilty. Howard argues that the trial court erred in admitting evidence of inculpatory statements he made when he was 15 years old, but the statements were spontaneous utterances that did not implicate Howard’s Fifth Amendment rights. Finally, Howard argues that the trial court erred in failing to give one of his requested jury charges regarding the inculpatory statements, but the record shows that the requested charge was not adjusted to the evidence. Accordingly, we affirm.

1. Directed verdict.

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