Opinion
31853.
SUBMITTED JANUARY 3, 1977.
DECIDED JANUARY 28, 1977.
Armed robbery. Clarke Superior Court. Before Judge Hawkins from Ogeechee Circuit.
Guy B. Scott, Jr., for appellant.
Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, Arthur K. Bolton, Attorney General, G. Stephen Parker, Assistant Attorney General, for appellee.
Crystal Robinson was indicted and tried for armed robbery along with co-defendant Charlie Fred Johnson, and both received twenty-year sentences. Johnson's conviction was affirmed in Johnson v. State, 237 Ga. 495 ( 228 S.E.2d 879) (1976). The evidence shows that the two defendants entered a Waffle House in Athens, Georgia, where both defendants pointed guns at a waitress and demanded the cash from the register. The waitress recognized Crystal Robinson as a former classmate and pointed out her picture in their high school annual. On appeal, Crystal Robinson raises three enumerations of error. We affirm.
1. In two of defendant's enumerations, she raises questions concerning the charge. Her contention that the alibi charge unconstitutionally shifted to her the burden of proof when the state had the burden of disproving it beyond a reasonable doubt is without merit. The charge given was similar to that approved in Jordan v. State, 235 Ga. 732, 737 ( 222 S.E.2d 23) (1975). Accord, Mills v. State, 236 Ga. 364 ( 223 S.E.2d 724) (1976); Paschal v. State, 230 Ga. 859 ( 199 S.E.2d 803) (1973). See State v. Avery, 237 Ga. 865 ( 230 S.E.2d 301) (1976).
We similarly reject the defendant's claim that the emphasized language, "reasonable doubt is not some vague or fanciful uncertainty ... but ... a real and substantial doubt," was unauthorized. Sheffield v. State, 188 Ga. 1 ( 2 S.E.2d 657) (1939); Bonner v. State, 152 Ga. 214 ( 109 S.E. 291) (1921). See Payne v. State, 233 Ga. 294 ( 210 S.E.2d 775) (1974).
2. In her remaining enumeration of error, the defendant raises the novel question whether the trial court erred in failing to inform the jurors of the nature of the crime and the parties involved before propounding the voir dire questions required in Code Ann. § 59-806. Since the defendant did not object at the time and has shown no prejudice, and could have questioned the jurors further herself under Code Ann. § 59-705, the error if any, was harmless. Cf. Arnold v. State, 236 Ga. 534, 539 ( 224 S.E.2d 386) (1976).
The defendant having shown no reversible error, the judgment of conviction is affirmed.
Judgment affirmed. All the Justices concur.