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Merritt v. State

Court of Appeals of Georgia
Jan 7, 1981
276 S.E.2d 258 (Ga. Ct. App. 1981)

Opinion

60932.

DECIDED JANUARY 7, 1981.

Robbery by sudden snatching. Spalding Superior Court. Before Judge Whalen.

Brooks S. Franklin, for appellant.

Johnnie L. Caldwell, Jr., District Attorney, Paschal A. English, J. David Fowler, Assistant District Attorneys, for appellee.


The defendant appeals his conviction for robbery by sudden snatching. Held:

1. The evidence in this case was sufficient so that a rational trier of fact could have found proof of guilt beyond a reasonable doubt.

2. There are two remaining enumerations of error, one of which concerns permitting a state's witness to testify with regard to the defendant remaining silent and the other regarding the admission of identification testimony which it is now urged was based on an impermissibly suggestive photographic lineup.

Our review of the record reveals that in each instance an issue was not raised during the trial either by objection or otherwise. These grounds are therefore without merit. Hill v. State, 238 Ga. 354 ( 233 S.E.2d 182); DeBerry v. State, 241 Ga. 204, 205 ( 243 S.E.2d 864); Smith v. State, 144 Ga. App. 766, 767 (1) ( 242 S.E.2d 363).

Judgment affirmed. Shulman, P. J., and Carley, J., concur.


DECIDED JANUARY 7, 1981.


Summaries of

Merritt v. State

Court of Appeals of Georgia
Jan 7, 1981
276 S.E.2d 258 (Ga. Ct. App. 1981)
Case details for

Merritt v. State

Case Details

Full title:MERRITT v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jan 7, 1981

Citations

276 S.E.2d 258 (Ga. Ct. App. 1981)
276 S.E.2d 258

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