Green v. State

Full title: GREEN v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 13, 1976

224 S.E.2d 526 (Ga. Ct. App. 1976)

137 Ga. App. 605

Opinion

51820.

SUBMITTED FEBRUARY 3, 1976.

DECIDED FEBRUARY 13, 1976.

Attempted escape. Tattnall Superior Court. Before Judge Harvey.

Carroll L. Cowart, for appellant.

John W. Underwood, District Attorney, Dupont K. Cheney, Assistant District Attorney, for appellee.

EVANS, Judge.

Defendant, an inmate, was charged with attempted escape from the Reidsville penitentiary. He was convicted and sentenced to serve one year. Defendant appeals. Held:

1. At roll call, defendant was found not present and absent without leave. Later that day he was found under some hay in the hay barn on the premises. Defendant's explanation was that he was "drugged up" from smoking marijuana and drinking alcohol, and remembered nothing about the circumstances. But this is not an excuse for committing a crime. See Choice v. State, 31 Ga. 424 (7); Barrett v. State, 129 Ga. App. 72 ( 199 S.E.2d 116); Penney v. State, 233 Ga. 831 ( 213 S.E.2d 688).

2. The evidence is ample to support the verdict of guilty.

Judgment affirmed. Pannell, P. J., and Marshall, J., concur.

SUBMITTED FEBRUARY 3, 1976 — DECIDED FEBRUARY 13, 1976.