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Mydell v. State

Supreme Court of Georgia
Mar 2, 1977
238 Ga. 450 (Ga. 1977)

Opinion

31934.

SUBMITTED FEBRUARY 15, 1977.

DECIDED MARCH 2, 1977.

Armed robbery. Chatham Superior Court. Before Judge Harrison.

James M. Mydell, pro se. Robert Paul Phillips, III, for appellant.

Andrew J. Ryan, III, District Attorney, Robert M. Hitch, III, Assistant District Attorney, Arthur K. Bolton, Attorney General, B. Dean Grindle, Jr., Assistant Attorney General, for appellee.


Appellant was convicted of armed robbery of a fast food store and sentenced to life imprisonment. He appeals.

1. The evidence supports the verdict. The cashier made a positive untainted identification of appellant. The manager positively identified appellant as being in the store immediately preceding the robbery. Although the stolen money was not recovered the corpus delicti was proved.

2. Life imprisonment is a statutory penalty for armed robbery and is not cruel and inhuman punishment. Appellant's contention that his sentence is excessive may be presented to the sentence review board as provided in Code Ann. § 27-2511.1.

3. The alleged disqualification of a grand juror should have been raised before the indictment was returned. Parris v. State, 125 Ga. 777 (4) ( 54 S.E. 751) (1906).

Judgment affirmed. All the Justices concur, except Gunter, Ingram and Hill, JJ., who concur in the judgment only.


SUBMITTED FEBRUARY 15, 1977 — DECIDED MARCH 2, 1977.


Summaries of

Mydell v. State

Supreme Court of Georgia
Mar 2, 1977
238 Ga. 450 (Ga. 1977)
Case details for

Mydell v. State

Case Details

Full title:MYDELL v. THE STATE

Court:Supreme Court of Georgia

Date published: Mar 2, 1977

Citations

238 Ga. 450 (Ga. 1977)
233 S.E.2d 199

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