Dukes v. State

Court of Appeals of Georgia

Dukes v. State

258 S.E.2d 906, 150 Ga. App. 787, 1979 Ga. App. LEXIS 2375

CourtCourt of Appeals of Georgia

DecidedJuly 16, 1979

Docket57982

StatusPublished

This text of 258 S.E.2d 906 (Dukes v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dukes v. State, 258 S.E.2d 906, 150 Ga. App. 787, 1979 Ga. App. LEXIS 2375 (Ga. Ct. App. 1979).

Pincite

Opinion

McMurray, Presiding Judge.

Defendant was indicted, tried and found guilty of the offense of robbery by sudden snatching with the intent to commit a theft. He was sentenced to serve a term of 20 years and appeals, contending the verdict was contrary to the evidence, against the weight of the evidence, without evidence to support it and the evidence did not exclude every reasonable hypothesis save that of the guilt of the defendant. Held:

The evidence was sufficient to support the verdict finding the defendant guilty of snatching a bank bag containing a store’s receipts from an employee of the store on the way to make a bank deposit. He was apprehended by the police a few minutes later hiding in a storage building still having the bank bag in his possession. See Ridley v. State, 236 Ga. 147, 149 (223 SE2d 131); Oliver v. State, 239 Ga. 571 (238 SE2d 346); Dixon v. State, 243 Ga. 46 (252 SE2d 431). As the defendant was convicted on direct testimony, the rule as to exclusion of every other reasonable hypothesis save the guilt of the accused, set forth in Code § 38-109 as to conviction on circumstantial evidence, has no application here.

Judgment affirmed.

Banke and Underwood, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

McMurray, Presiding Judge.

Defendant was indicted, tried and found guilty of the offense of robbery by sudden snatching with the intent to commit a theft. He was sentenced to serve a term of 20 years and appeals, contending the verdict was contrary to the evidence, against the weight of the evidence, without evidence to support it and the evidence did not exclude every reasonable hypothesis save that of the guilt of the defendant. Held:

The evidence was sufficient to support the verdict finding the defendant guilty of snatching a bank bag containing a store’s receipts from an employee of the store on the way to make a bank deposit. He was apprehended by the police a few minutes later hiding in a storage building still having the bank bag in his possession. See Ridley v. State, 236 Ga. 147, 149 (223 SE2d 131); Oliver v. State, 239 Ga. 571 (238 SE2d 346); Dixon v. State, 243 Ga. 46 (252 SE2d 431). As the defendant was convicted on direct testimony, the rule as to exclusion of every other reasonable hypothesis save the guilt of the accused, set forth in Code § 38-109 as to conviction on circumstantial evidence, has no application here.

Judgment affirmed.

Banke and Underwood, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

258 S.E.2d 906, 150 Ga. App. 787, 1979 Ga. App. LEXIS 2375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dukes-v-state-gactapp-1979.

Opinion

Related

Cite This Page — Counsel Stack