Glass v. State

Court of Appeals of Georgia

Glass v. State

318 S.E.2d 760, 171 Ga. App. 11, 1984 Ga. App. LEXIS 2940

CourtCourt of Appeals of Georgia

DecidedMay 15, 1984

Docket67916

StatusPublished

This text of 318 S.E.2d 760 (Glass 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

Glass v. State, 318 S.E.2d 760, 171 Ga. App. 11, 1984 Ga. App. LEXIS 2940 (Ga. Ct. App. 1984).

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Opinion

Benham, Judge.

Appellant was convicted of robbery and now appeals, questioning the sufficiency of the evidence and the inclusion of an instruction on alibi in the trial court’s jury charge.

1. The victim of the robbery identified appellant as one of three men who dragged him from his stalled car at 4:00 a.m., beat him, demanded money, and took his wallet. Two eyewitnesses also testified that appellant was one of the men they saw scuffling with the victim. Based on the description given them by the victim and the two eyewitnesses, the police picked up appellant in the neighborhood within minutes of the incident. The evidence presented by the state was sufficient for a rational trier of fact to find appellant guilty of robbery beyond a reasonable doubt. OCGA § 16-8-40; Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). See Mitchell v. State, 169 Ga. App. 630 (2) (314 SE2d 468) (1984).

2. Appellant testified in his own behalf and said that the police had picked him up shortly after he had left a number of people at a friend’s house. The trial court did not err when it charged the law of alibi when the defendant stated he was at some place other than the site of the crime when it occurred. Williams v. State, 223 Ga. 773 (3) (158 SE2d 373) (1967). Even if the evidence did not support the charge, appellant has not shown how he was harmed by the inclusion of another possible defense. See Henderson v. State, 153 Ga. App. 801 (7) (266 SE2d 522) (1980).

Judgment affirmed.

Banke, P. J., and Pope, J., concur. [12]*12Decided May 15, 1984. Susan E. Teaster, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Benjamin H. Oehlert III, Paul L. Howard, Jr., Assistant District Attorneys, for appellee.

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Benham, Judge.

Appellant was convicted of robbery and now appeals, questioning the sufficiency of the evidence and the inclusion of an instruction on alibi in the trial court’s jury charge.

1. The victim of the robbery identified appellant as one of three men who dragged him from his stalled car at 4:00 a.m., beat him, demanded money, and took his wallet. Two eyewitnesses also testified that appellant was one of the men they saw scuffling with the victim. Based on the description given them by the victim and the two eyewitnesses, the police picked up appellant in the neighborhood within minutes of the incident. The evidence presented by the state was sufficient for a rational trier of fact to find appellant guilty of robbery beyond a reasonable doubt. OCGA § 16-8-40; Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). See Mitchell v. State, 169 Ga. App. 630 (2) (314 SE2d 468) (1984).

2. Appellant testified in his own behalf and said that the police had picked him up shortly after he had left a number of people at a friend’s house. The trial court did not err when it charged the law of alibi when the defendant stated he was at some place other than the site of the crime when it occurred. Williams v. State, 223 Ga. 773 (3) (158 SE2d 373) (1967). Even if the evidence did not support the charge, appellant has not shown how he was harmed by the inclusion of another possible defense. See Henderson v. State, 153 Ga. App. 801 (7) (266 SE2d 522) (1980).

Judgment affirmed.

Banke, P. J., and Pope, J., concur. [12]*12Decided May 15, 1984. Susan E. Teaster, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Benjamin H. Oehlert III, Paul L. Howard, Jr., Assistant District Attorneys, for appellee.

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318 S.E.2d 760, 171 Ga. App. 11, 1984 Ga. App. LEXIS 2940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glass-v-state-gactapp-1984.

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