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Andrews v. State

Supreme Court of Georgia
Jun 25, 1974
207 S.E.2d 61 (Ga. 1974)

Opinion

28877.

SUBMITTED MAY 10, 1974.

DECIDED JUNE 25, 1974.

Armed robbery. Fulton Superior Court. Before Judge Williams.

Glenn Zell, for appellant.

Lewis R. Slaton, District Attorney, Joel M. Feldman, Arthur K. Bolton, Attorney General, G. Stephen Parker, Deputy Assistant Attorney General, for appellee.


The appellant was found guilty by a jury in the Superior Court of Fulton County on two counts of armed robbery and received concurrent sentences of 20 years imprisonment. A motion for a new trial was overruled by the trial court. As stated in appellant's brief, "The only error raised in this appeal is whether there is sufficient evidence to authorize a conviction on both counts." Held:

1. The appellant was positively identified at the trial by the two victims of the crimes. Thus, "it was the duty of the jury to decide whether to believe these witnesses rather than the witnesses for the appellant who testified that he was at another place at the time of the robbery." Clenney v. State, 229 Ga. 561, 563 ( 192 S.E.2d 907) (1972).

2. The eyewitness identifications of the appellant were direct rather than circumstantial evidence and were clearly sufficient to authorize the jury to convict the appellant when considered together with the other proven facts. "The evidence authorized the verdict, and no error of law appearing, the trial court did not err in overruling appellant's motion for a new trial." Hood v. State, 229 Ga. 435 (2) ( 192 S.E.2d 154) (1972).

Judgment affirmed. All the Justices concur.


SUBMITTED MAY 10, 1974 — DECIDED JUNE 25, 1974.


Summaries of

Andrews v. State

Supreme Court of Georgia
Jun 25, 1974
207 S.E.2d 61 (Ga. 1974)
Case details for

Andrews v. State

Case Details

Full title:ANDREWS v. THE STATE

Court:Supreme Court of Georgia

Date published: Jun 25, 1974

Citations

207 S.E.2d 61 (Ga. 1974)
207 S.E.2d 61

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