Johnson v. State

Supreme Court of Georgia

Johnson v. State

233 S.E.2d 373, 238 Ga. 412, 1977 Ga. LEXIS 1039

CourtSupreme Court of Georgia

DecidedFebruary 23, 1977

Docket31995

StatusPublished

This text of 233 S.E.2d 373 (Johnson 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

Johnson v. State, 233 S.E.2d 373, 238 Ga. 412, 1977 Ga. LEXIS 1039 (Ga. 1977).

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Opinion

Nichols, Chief Justice.

The appellant was tried and convicted for the armed robbery of a McDonald’s hamburger franchise. His motion [413]*413for new trial on the usual general grounds only was overruled and he appeals. His sole enumeration of error complains that the trial court erred in overruling his motion for new trial.

Submitted February 4, 1977 — Decided February 23, 1977. Robert C. Ray, for appellant. Lewis R. Slaton, District Attorney, Dean R. Davis, Assistant District Attorney, Arthur K. Bolton, Attorney General, Susan V. Boleyn, Staff Assistant Attorney General, for appellee.

The appellant contends that the entire case for the state rests on circumstantial evidence. Two employees who were on duty at the time of the robbery testified and identified appellant as the person who robbed them. One of the employees also testified that she had known the appellant for about four years and gave police the only name she knew him by, which was a nickname, "Bo Diddley.” The appellant testified that the witnesses were mistaken in their identification, that he had not been in the vicinity for over two years, that he did not own a pistol, and that he was not guilty of the robbery. His common law wife testified that he was at home on the night of the robbery because he never goes out at night for more than five or ten minutes. The evidence amply supports the verdict and there is no merit in th*e enumeration of error.

Judgment affirmed.

All the Justices concur.

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Nichols, Chief Justice.

The appellant was tried and convicted for the armed robbery of a McDonald’s hamburger franchise. His motion [413]*413for new trial on the usual general grounds only was overruled and he appeals. His sole enumeration of error complains that the trial court erred in overruling his motion for new trial.

Submitted February 4, 1977 — Decided February 23, 1977. Robert C. Ray, for appellant. Lewis R. Slaton, District Attorney, Dean R. Davis, Assistant District Attorney, Arthur K. Bolton, Attorney General, Susan V. Boleyn, Staff Assistant Attorney General, for appellee.

The appellant contends that the entire case for the state rests on circumstantial evidence. Two employees who were on duty at the time of the robbery testified and identified appellant as the person who robbed them. One of the employees also testified that she had known the appellant for about four years and gave police the only name she knew him by, which was a nickname, "Bo Diddley.” The appellant testified that the witnesses were mistaken in their identification, that he had not been in the vicinity for over two years, that he did not own a pistol, and that he was not guilty of the robbery. His common law wife testified that he was at home on the night of the robbery because he never goes out at night for more than five or ten minutes. The evidence amply supports the verdict and there is no merit in th*e enumeration of error.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

233 S.E.2d 373, 238 Ga. 412, 1977 Ga. LEXIS 1039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-ga-1977.