Brock v. State

Supreme Court of Georgia

Brock v. State

205 S.E.2d 272, 232 Ga. 47, 1974 Ga. LEXIS 854

CourtSupreme Court of Georgia

DecidedApril 4, 1974

Docket28679

StatusPublished

Cited by5 cases

This text of 205 S.E.2d 272 (Brock v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brock v. State, 205 S.E.2d 272, 232 Ga. 47, 1974 Ga. LEXIS 854 (Ga. 1974).

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Opinion

Undercofler, Justice.

Willie Otis Brock was convicted in two counts of armed robbery and sentenced to serve 15 years on each count to run concurrently. He appeals to this court. Held:

1. The appellant contends that his motion for new trial should have been granted on the general grounds because the verdict was contrary to the weight of the evidence. We have carefully reviewed the evidence in this case and find it sufficient to support the verdict. The defendant was positively identified by the two victims and an eyewitness as one of the persons who committed the robberies.

2. The appellant contends that the court erred in failing to charge the jury on robbery by intimidation since it is a lesser included offense in the offense of armed robbery. We do not agree with this contention of the appellant. Although robbery by intimidation is a lesser included offense in the offense of armed robbery (Ga. L. 1968, pp. 1249, 1298; 1969, p. 810; Code Ann. § 26-1902), *48 there is no evidence of robbery by intimidation in this record and a charge thereon is not required. Holcomb v. State, 230 Ga. 525 (198 SE2d 179). Compare Ward v. State,. 231 Ga. 484 (202 SE2d 421).

Submitted February 25, 1974 Decided April 4, 1974. Andrew A. Smith, Marvin A. Soskin, for appellant. Lewis R. Slaton, District Attorney, Raoul Lerow, Morris H. Rosenberg, J. Melvin England, for appellee.

3. The appellant complains of a portion of the purported charge of the trial court but the complained of charge is not contained in the charge of the trial court and the question presented will not be decided.

Judgment affirmed.

All the Justices concur.

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Undercofler, Justice.

Willie Otis Brock was convicted in two counts of armed robbery and sentenced to serve 15 years on each count to run concurrently. He appeals to this court. Held:

1. The appellant contends that his motion for new trial should have been granted on the general grounds because the verdict was contrary to the weight of the evidence. We have carefully reviewed the evidence in this case and find it sufficient to support the verdict. The defendant was positively identified by the two victims and an eyewitness as one of the persons who committed the robberies.

2. The appellant contends that the court erred in failing to charge the jury on robbery by intimidation since it is a lesser included offense in the offense of armed robbery. We do not agree with this contention of the appellant. Although robbery by intimidation is a lesser included offense in the offense of armed robbery (Ga. L. 1968, pp. 1249, 1298; 1969, p. 810; Code Ann. § 26-1902), *48 there is no evidence of robbery by intimidation in this record and a charge thereon is not required. Holcomb v. State, 230 Ga. 525 (198 SE2d 179). Compare Ward v. State,. 231 Ga. 484 (202 SE2d 421).

Submitted February 25, 1974 Decided April 4, 1974. Andrew A. Smith, Marvin A. Soskin, for appellant. Lewis R. Slaton, District Attorney, Raoul Lerow, Morris H. Rosenberg, J. Melvin England, for appellee.

3. The appellant complains of a portion of the purported charge of the trial court but the complained of charge is not contained in the charge of the trial court and the question presented will not be decided.

Judgment affirmed.

All the Justices concur.

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205 S.E.2d 272, 232 Ga. 47, 1974 Ga. LEXIS 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brock-v-state-ga-1974.

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