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Holiday v. State

198 S.E.2d 364, 128 Ga. App. 817, 1973 Ga. App. LEXIS 1630
Court of Appeals of Georgia·Decided April 17, 1973·No. 48101·Published·Cited by 3 cases

Opinion

Hall, Presiding Judge.

Defendant appeals from his conviction (intent to rob and with a deadly weapon) and from the denial of his motion for a new trial.

Defendant raises only one issue — the sufficiency of the evidence. He contends that the evidence demands a finding that he was not armed and therefore an essential element of the crime was not shown. However, the evidence did show that the defendant participated in the attempted robbery even though his brother had actual possession of the shotgun. The defendant could therefore be convicted for the commission of the crime as a party under Code Ann. § 26-801. See also Dutton v. State, 228 Ga. 850 (188 SE2d 794); Green v. State, 124 Ga. App. 469 (184 SE2d 194).

Judgment affirmed.

Evans and Clark, JJ., concur.

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Holiday v. State, 198 S.E.2d 364, 128 Ga. App. 817, 1973 Ga. App. LEXIS 1630 (Ga. Ct. App. 1973).

198 S.E.2d 364 (Holiday v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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