Johnson v. State

Full title: JOHNSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jul 16, 1976

228 S.E.2d 367 (Ga. Ct. App. 1976)

139 Ga. App. 342

Opinion

52386.

SUBMITTED JULY 6, 1976.

DECIDED JULY 16, 1976.

Robbery. Chatham Superior Court. Before Judge Harrison.

Galin Friedman, Martin W. Alpert, for appellant.

Andrew J. Ryan, Jr., District Attorney, Robert M. Hitch, III, Assistant District Attorney, for appellee.

McMURRAY, Judge.

Defendant was convicted of robbery by force and sentenced to six years. Motion for new trial was denied and defendant appeals. Held:

The sole enumeration of error is that the evidence was insufficient to support the verdict, which was contrary to law and the evidence. The prosecuting witness and victim testified he was robbed by the defendant, with two others who approached his automobile after he left a bar, and forcibly took command of his automobile and then forcibly removed approximately $500 from his person. He later identified the defendant at the same bar. The defendant was arrested and charged with robbery and the defendant properly identified him in court. There is no merit in the enumeration of error. Cook v. State, 236 Ga. 118 ( 223 S.E.2d 95); Welborn v. State, 236 Ga. 319 ( 223 S.E.2d 698).

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

McMURRAY, Judge.

SUBMITTED JULY 6, 1976 — DECIDED JULY 16, 1976