Harp v. State

Court of Appeals of Georgia

Harp v. State

287 S.E.2d 626, 160 Ga. App. 575, 1981 Ga. App. LEXIS 3105

CourtCourt of Appeals of Georgia

DecidedDecember 2, 1981

Docket63050

StatusPublished

Cited by3 cases

This text of 287 S.E.2d 626 (Harp 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.

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Harp v. State, 287 S.E.2d 626, 160 Ga. App. 575, 1981 Ga. App. LEXIS 3105 (Ga. Ct. App. 1981).

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Opinion

Banke, Judge.

The appellant appeals his conviction for burglary. Held:

1. The evidence was ample to enable a rational trier of fact to find the appellant guilty beyond a reasonable doubt. See generally Crawford v. State, 245 Ga. 89 (1) (263 SE2d 131) (1980).

2. Although the appellant contends that he requested a charge on his sole “defense” of misidentification, the record contains no such request. Accordingly, we are unable to review this enumeration of error. We note, however, that the jury was fully and repeatedly charged on the state’s burden of proving the appellant guilty beyond a reasonable doubt. We further note that the one eyewitness in the case, a bystander who saw the appellant run out of the victim’s house, [576]*576testified that he did not lose sight of the appellant before the police arrived to arrest him.

Decided December 2, 1981. Vernon Pitts, Jr., for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, A. Thomas Jones, Margaret V. Lines, Assistant District Attorneys, for appellee.

Judgment affirmed.

Deen, P. J., and Carley, J, concur.

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Banke, Judge.

The appellant appeals his conviction for burglary. Held:

1. The evidence was ample to enable a rational trier of fact to find the appellant guilty beyond a reasonable doubt. See generally Crawford v. State, 245 Ga. 89 (1) (263 SE2d 131) (1980).

2. Although the appellant contends that he requested a charge on his sole “defense” of misidentification, the record contains no such request. Accordingly, we are unable to review this enumeration of error. We note, however, that the jury was fully and repeatedly charged on the state’s burden of proving the appellant guilty beyond a reasonable doubt. We further note that the one eyewitness in the case, a bystander who saw the appellant run out of the victim’s house, [576]*576testified that he did not lose sight of the appellant before the police arrived to arrest him.

Decided December 2, 1981. Vernon Pitts, Jr., for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, A. Thomas Jones, Margaret V. Lines, Assistant District Attorneys, for appellee.

Judgment affirmed.

Deen, P. J., and Carley, J, concur.

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287 S.E.2d 626, 160 Ga. App. 575, 1981 Ga. App. LEXIS 3105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harp-v-state-gactapp-1981.

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