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Hill v. State

191 S.E.2d 58, 229 Ga. 307, 1972 Ga. LEXIS 593
CourtSupreme Court of Georgia
DecidedJune 28, 1972
Docket27288
StatusPublished
Cited by18 cases

This text of 191 S.E.2d 58 (Hill 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
Hill v. State, 191 S.E.2d 58, 229 Ga. 307, 1972 Ga. LEXIS 593 (Ga. 1972).

Opinion

Nichols, Justice.

This appeal results from a conviction of armed robbery. The defendant, together with a co-indictee, drove up to an outdoor telephone booth where the *308 victim was making a telephone call. The defendant got out of the automobile, walked up to the victim, displayed a pistol and demanded the victim’s cash and billfold. After these items were surrendered by the victim, the defendant gave the pistol to his companion with instructions to keep the victim covered while he got back in the automobile. The defendant and his companion then drove off and fired one shot from the pistol. The victim made note of the license number on the automobile and gave such information to the police. Less than two hours later the automobile was spotted, and the occupants arrested. A loaded pistol with one empty shell was found in the automobile. The victim identified the defendant as being the person who robbed him at gunpoint. After conviction, the jury fixed the defendant’s sentence for armed robbery at six years. The sole enumeration of error relied upon contends that the trial court erred in failing to charge on robbery by intimidation. Held:

Submitted June 13, 1972 Decided June 28, 1972. Glenn Zell, for appellant. Lewis R. Slaton, District Attorney, Joel M. Feldman, Morris H. Rosenberg, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Dorothy T. Beasley, Assistant Attorneys General, for appellee.

Where as in the present case, the evidence authorized a conviction of armed robbery as defined in Code Ann. § 26-1902, but did not authorize a conviction of the lesser offense of robbery by intimidation, it is not error to fail to charge upon the lesser offense. See Smith v. State, 228 Ga. 239, 294 (186 SE2d 788).

Judgment affirmed.

All the Justices concur.

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Bluebook (online)
191 S.E.2d 58, 229 Ga. 307, 1972 Ga. LEXIS 593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-state-ga-1972.