D. L. W. v. State

238 S.E.2d 269, 143 Ga. App. 270, 1977 Ga. App. LEXIS 2283

Opinion

Webb, Judge.

This is an appeal from an order of commitment in the Juvenile Court of Cobb County resulting from a charge of criminal attempt to commit robbery. The sole enumeration of error is that the court erred in overruling the motion for directed verdict of acquittal.

"[I]n reviewing the overruling of a motion for directed verdict of acquittal we will utilize the standard used in reviewing the overruling of a motion for new trial on the ground that the verdict is contrary to the evidence; i.e., the 'any evidence’ test.” Bethay v. State, 235 Ga. 371, 375 (219 SE2d 743) (1975).

Submitted September 6, 1977 Decided September 19, 1977. Dupree & Staples, Barry Staples, for appellant. James F. Morris, Solicitor, for appellee.

The evidence was sufficient to support the finding of delinquency and the commitment to the Division of Children & Youth, and accordingly the judgment is affirmed.

Judgment affirmed.

Deen, P. J., and Birdsong, J., concur.