Opinion
59044.
ARGUED JANUARY 7, 1980.
DECIDED FEBRUARY 8, 1980.
Armed robbery. Chatham Superior Court. Before Judge Cheatham.
Clark Smith, for appellant.
Andrew J. Ryan, III, District Attorney, Robert M. Hitch, III, Michael K. Gardner, Assistant District Attorneys, for appellee.
Appellant appeals his conviction of armed robbery and aggravated assault.
1. Appellant was positively identified by the victim as having pointed a gun in his face, demanded money and when none was produced, hit him four times in the face with the gun. He then drove away in the victim's car. This evidence supports appellant's convictions. Simmons v. State, 149 Ga. App. 830, 831 (2) ( 256 S.E.2d 79) (1979).
2. After the assault appellant fled in the victim's car. Some three hours later appellant was spotted driving that car, led the police on a high speed chase and was apprehended while fleeing on foot from the wrecked automobile. A charge on flight was authorized by this evidence. Johnson v. State, 148 Ga. App. 702 (1) ( 252 S.E.2d 205) (1979); Merry v. State, 140 Ga. App. 353 ( 231 S.E.2d 128) (1976). Nor was the charge on flight as given erroneous. "The trial judge was careful to couch the language of the charge so as to instruct the jury that it must first determine whether any sort of flight, had, in fact, occurred. He then instructed the jury that it must determine whether or not any inference of guilt should be drawn. Finally, the jury was charged that if the flight, if any, was for some reason other than a sense of guilt, then no inference harmful to the defendant should be drawn." Young v. State, 239 Ga. 53, 58 (4) ( 236 S.E.2d 1) (1977).
Judgment affirmed. Quillian, P. J., and Shulman, J., concur.