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Ross v. State

Court of Appeals of Georgia
Mar 1, 1979
253 S.E.2d 856 (Ga. Ct. App. 1979)

Opinion

56970.

SUBMITTED JANUARY 8, 1979.

DECIDED MARCH 1, 1979.

Armed robbery. Columbia Superior Court. Before Judge Fleming.

Cooper, Cooper, Maioriello Stalnaker, L. E. Maioriello, for appellants.

Richard E. Allen, District Attorney, Gayle B. Hamrick, Assistant District Attorney, for appellee.


Appellants were convicted by a jury of the offense of armed robbery. They enumerated error on the general grounds only. There was more than sufficient evidence to support the verdict.

1. The question of proper identification of the appellants was sufficiently laid to rest by the testimony of the victim. "Q. Is there any question in your mind today about your identification, and this is a very serious matter. Is there any question at all about your identification of these men? Are they the ones who robbed you? A. They are the ones that robbed me." See Gordon v. State, 148 Ga. App. 366.

2. This case is controlled by the "any evidence" rule. Franklin v. State, 136 Ga. App. 47 (1) ( 220 S.E.2d 60), "As to the general grounds, this court is bound by the `any evidence' rule and must accept the state's version of the evidence, as was done by the jury and the trial judge." See also Ridley v. State, 236 Ga. 147 (1) ( 223 S.E.2d 131).

Judgment affirmed. Deen, C. J., and McMurray, J., concur.

SUBMITTED JANUARY 8, 1979 — DECIDED MARCH 1, 1979.


Summaries of

Ross v. State

Court of Appeals of Georgia
Mar 1, 1979
253 S.E.2d 856 (Ga. Ct. App. 1979)
Case details for

Ross v. State

Case Details

Full title:ROSS et al. v. THE STATE

Court:Court of Appeals of Georgia

Date published: Mar 1, 1979

Citations

253 S.E.2d 856 (Ga. Ct. App. 1979)
253 S.E.2d 856

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