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Tullis v. State

Court of Appeals of Georgia
Jan 27, 1982
289 S.E.2d 310 (Ga. Ct. App. 1982)

Opinion

63130.

DECIDED JANUARY 27, 1982.

Armed robbery. Gwinnett Superior Court. Before Judge Merritt.

Samuel H. Harrison, for appellant.

W. Bryant Huff, District Attorney, Gerald W. Brown, Assistant District Attorney, for appellee.


The defendant appeals his conviction for armed robbery. Held:

1. Error is enumerated on the failure to give the following requested charge: "I charge you that evidence of mere presence at a place of the offense is being committed with nothing to show the participation of the defendant in the illegal act is insufficient to authorize conviction."

In this case as in Muhammad v. State, 243 Ga. 404, 405 (1) ( 254 S.E.2d 356), the state's evidence showed more than the mere presence of the defendant at the scene. Among other proof offered, the victim testified as to the defendant's participation in this crime. Moreover, the trial judge thoroughly charged on reasonable doubt and circumstantial evidence.

Hence, our decision here is controlled by Muhammad v. State, 243 Ga. 404, supra, and we find no reversible error. See Murden v. State, 146 Ga. App. 51 (2) ( 245 S.E.2d 363); Lofton v. State, 157 Ga. App. 447 (1) ( 278 S.E.2d 94); Ousley v. State, 158 Ga. App. 186 (1) ( 279 S.E.2d 490).

2. The evidence was sufficient to sustain the verdict under the principles established by Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560).

Judgment affirmed. McMurray, P. J., and Pope, J., concur.

DECIDED JANUARY 27, 1982.


Summaries of

Tullis v. State

Court of Appeals of Georgia
Jan 27, 1982
289 S.E.2d 310 (Ga. Ct. App. 1982)
Case details for

Tullis v. State

Case Details

Full title:TULLIS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jan 27, 1982

Citations

289 S.E.2d 310 (Ga. Ct. App. 1982)
289 S.E.2d 310

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