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Wilkerson v. State

Supreme Court of Georgia
Feb 25, 1975
233 Ga. 798 (Ga. 1975)

Opinion

29373.

SUBMITTED NOVEMBER 8, 1974.

DECIDED FEBRUARY 25, 1975.

Armed robbery. Fulton Superior Court. Before Judge Alverson.

James C. Carr, Jr., for appellant.

Lewis R. Slaton, District Attorney, Carole E. Wall, Assistant District Attorney, Arthur K. Bolton, Attorney General, B. Dean Grindle, Jr., Assistant Attorney General, for appellee.


This is an appeal from convictions for armed robbery and kidnapping against one victim and for aggravated assault upon another victim, a police officer; and for convictions for carrying a concealed weapon and carrying a pistol without a license. The appellant was tried before a jury and found guilty on each of the charges. On appeal he asserts only that the trial judge erroneously overruled the general grounds of his motion for a new trial.

Both victims identified the appellant as the perpetrator of the crimes, and their testimony established each element of the offenses with which the appellant was charged. Therefore, there was adequate evidence to support the verdict rendered by the jury.

The appellant's testimony and that of Sidney Gorman, who had pleaded guilty to the same charges for which the appellant was being tried, contradicted the testimony of the two victims. However, since it is the duty of the jury to determine the credibility of the witnesses, the jury was authorized to believe those witnesses whom it thought most entitled to belief. Stewart v. State, 128 Ga. App. 11, 12 ( 195 S.E.2d 251) (1973); White v. State, 74 Ga. App. 634, 636 ( 40 S.E.2d 782) (1946).

We conclude that the appeal is without merit.

Judgment affirmed. All the Justices concur.

SUBMITTED NOVEMBER 8, 1974 — DECIDED FEBRUARY 25, 1975.


Summaries of

Wilkerson v. State

Supreme Court of Georgia
Feb 25, 1975
233 Ga. 798 (Ga. 1975)
Case details for

Wilkerson v. State

Case Details

Full title:WILKERSON v. THE STATE

Court:Supreme Court of Georgia

Date published: Feb 25, 1975

Citations

233 Ga. 798 (Ga. 1975)
213 S.E.2d 663

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