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Holiday v. State

198 S.E.2d 364, 128 Ga. App. 817, 1973 Ga. App. LEXIS 1630
CourtCourt of Appeals of Georgia
DecidedApril 17, 1973
Docket48101
StatusPublished
Cited by3 cases

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

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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Related

Williams v. State
291 S.E.2d 89 (Court of Appeals of Georgia, 1982)
Jackson v. State
238 S.E.2d 752 (Court of Appeals of Georgia, 1977)
Loder v. State
230 S.E.2d 124 (Court of Appeals of Georgia, 1976)

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Bluebook (online)
198 S.E.2d 364, 128 Ga. App. 817, 1973 Ga. App. LEXIS 1630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holiday-v-state-gactapp-1973.