Code v. State

Supreme Court of Georgia

Code v. State

238 S.E.2d 430, 239 Ga. 644, 1977 Ga. LEXIS 1283

CourtSupreme Court of Georgia

DecidedSeptember 8, 1977

Docket32599

StatusPublished

Cited by2 cases

This text of 238 S.E.2d 430 (Code 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.

Bluebook

Code v. State, 238 S.E.2d 430, 239 Ga. 644, 1977 Ga. LEXIS 1283 (Ga. 1977).

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Opinion

Nichols, Chief Justice.

Appellant was found guilty of armed robbery by a jury on December 13,1976 and sentenced to serve 20 years imprisonment. Four armed men pushed their way into the home of Mr. Dock Gibson on April 1, 1974, demanding money that they had heard Mr. Gibson kept there in a safe. When the men were informed by Dock Gibson’s daughter and wife that he was not at home, they bound and gagged the daughter and wife and began searching the house. Before they finished their search, Dock Gibson arrived home. As he opened the door to his home, he was met by a blast from a shotgun. Although badly wounded, he was told to produce the money or suffer the death of himself and his family members. Mr. Gibson complied and the defendants left with approximately $6,000 in cash.

1. Appellant in his first three enumerations of error argues that the verdict is contrary to law and equity and without evidence to support it. Both the victim and his daughter identified the appellant. The victim further identified the appellant as the man who shot him. The evidence amply supports the verdict. Lawson v. State, 234 [645]*645Ga. 136 (214 SE2d 559) (1975).

Submitted July 29, 1977 Decided September 8, 1977. George W. Stacey, for appellant. A. Wallace Cato, District Attorney, Arthur K. Bolton, Attorney General, for appellee.

2. The appellant also argues error in the trial court’s refusal to charge without request that the testimony of an accomplice should be viewed with skepticism. Sammy Bell, an accomplice in the crime, identified the appellant as a participant. The trial court adequately charged on this issue.

Judgment affirmed.

All the Justices concur.

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Nichols, Chief Justice.

Appellant was found guilty of armed robbery by a jury on December 13,1976 and sentenced to serve 20 years imprisonment. Four armed men pushed their way into the home of Mr. Dock Gibson on April 1, 1974, demanding money that they had heard Mr. Gibson kept there in a safe. When the men were informed by Dock Gibson’s daughter and wife that he was not at home, they bound and gagged the daughter and wife and began searching the house. Before they finished their search, Dock Gibson arrived home. As he opened the door to his home, he was met by a blast from a shotgun. Although badly wounded, he was told to produce the money or suffer the death of himself and his family members. Mr. Gibson complied and the defendants left with approximately $6,000 in cash.

1. Appellant in his first three enumerations of error argues that the verdict is contrary to law and equity and without evidence to support it. Both the victim and his daughter identified the appellant. The victim further identified the appellant as the man who shot him. The evidence amply supports the verdict. Lawson v. State, 234 [645]*645Ga. 136 (214 SE2d 559) (1975).

Submitted July 29, 1977 Decided September 8, 1977. George W. Stacey, for appellant. A. Wallace Cato, District Attorney, Arthur K. Bolton, Attorney General, for appellee.

2. The appellant also argues error in the trial court’s refusal to charge without request that the testimony of an accomplice should be viewed with skepticism. Sammy Bell, an accomplice in the crime, identified the appellant as a participant. The trial court adequately charged on this issue.

Judgment affirmed.

All the Justices concur.

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238 S.E.2d 430, 239 Ga. 644, 1977 Ga. LEXIS 1283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/code-v-state-ga-1977.

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