Holiday v. State

Full title: HOLIDAY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Apr 17, 1973

128 Ga. App. 817 (Ga. Ct. App. 1973)

198 S.E.2d 364

Opinion

48101.

ARGUED APRIL 5, 1973.

DECIDED APRIL 17, 1973.

Attempted robbery. Chatham Superior Court. Before Judge Harrison.

George N. P. Pahno, for appellant.

Andrew J. Ryan, Jr., District Attorney, Howard A. McGlasson, Jr., for appellee.

HALL, Presiding Judge.

Defendant appeals from his conviction (intent to rob and with a deadly weapon) and from the denial of his motion for a new trial.

Defendant raises only one issue — the sufficiency of the evidence. He contends that the evidence demands a finding that he was not armed and therefore an essential element of the crime was not shown. However, the evidence did show that the defendant participated in the attempted robbery even though his brother had actual possession of the shotgun. The defendant could therefore be convicted for the commission of the crime as a party under Code Ann. § 26-801. See also Dutton v. State, 228 Ga. 850 ( 188 S.E.2d 794); Green v. State, 124 Ga. App. 469 ( 184 S.E.2d 194).

Judgment affirmed. Evans and Clark, JJ., concur.

HALL, Presiding Judge.

ARGUED APRIL 5, 1973 — DECIDED APRIL 17, 1973.