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Stills v. State

Court of Appeals of Georgia
Apr 28, 1981
280 S.E.2d 413 (Ga. Ct. App. 1981)

Opinion

61743.

DECIDED APRIL 28, 1981.

Armed robbery, etc. Fulton Superior Court. Before Judge Shaw, Senior Judge.

Charles S. Thornton, for appellant.

Lewis R. Slaton, District Attorney, Richard Hicks, Joseph J. Drolet, Assistant District Attorneys, for appellee.


Hoyt Lee Stills appeals from his convictions of armed robbery and two counts of aggravated assault.

1. The defendant's first contention that there was insufficient evidence to support the jury verdict is without merit.

The evidence showed that he remained behind the wheel of his automobile while his friend robbed a parking lot attendant with the defendant's gun. The police were immediately notified and appeared at the scene in a patrol car with its blue lights flashing as the robber was reentering the car. The police and the robber exchanged gunshots and the men fled in the automobile. As the vehicle was damaged during the gunfight, the men abandoned it a short time later and were apprehended while fleeing on foot. The police recovered a sum of money from the car and the defendant's pockets which was equal to the amount reported stolen. At trial, the defendant and his friend both testified that they did not see blue lights flashing on the patrol car. The friend admitted committing the robbery, but claimed that the defendant knew nothing of his plans because he secretly removed the gun from the car and told the defendant that he just planned to get change from the attendant. The defendant also denied any knowledge of a plan to rob the attendant and claimed that his flight was based upon fear after hearing gunshots.

After reviewing the evidence, we find that a rational trier of fact could have reasonably found from the evidence that the defendant was guilty beyond a reasonable doubt. Black v. State, 154 Ga. App. 441 ( 268 S.E.2d 724) (1980). The credibility of the witnesses is solely a question for the jury. Redd v. State, 154 Ga. App. 373 ( 268 S.E.2d 423) (1980).

2. The defendant's remaining enumerations claiming errors in the charge will not be considered on appeal because the trial court asked counsel after the charge was given if he had any objections to the charge and he replied, "No sir." Thus, defense counsel has waived any rights to object to the charge on appeal. Jackson v. State, 246 Ga. 459 ( 271 S.E.2d 855) (1980).

Judgment affirmed. Banke and Carley, JJ., concur.

DECIDED APRIL 28, 1981 — CERT. APPLIED FOR.


Summaries of

Stills v. State

Court of Appeals of Georgia
Apr 28, 1981
280 S.E.2d 413 (Ga. Ct. App. 1981)
Case details for

Stills v. State

Case Details

Full title:STILLS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 28, 1981

Citations

280 S.E.2d 413 (Ga. Ct. App. 1981)
280 S.E.2d 413

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