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Mydell v. State

233 S.E.2d 199, 238 Ga. 450, 1977 Ga. LEXIS 1059
CourtSupreme Court of Georgia
DecidedMarch 2, 1977
Docket31934
StatusPublished
Cited by11 cases

This text of 233 S.E.2d 199 (Mydell 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
Mydell v. State, 233 S.E.2d 199, 238 Ga. 450, 1977 Ga. LEXIS 1059 (Ga. 1977).

Opinion

Undercofler, Presiding Justice.

Appellant was convicted of armed robbery of a fast food store and sentenced to life imprisonment. He appeals.

1. The- evidence supports the verdict. The cashier made a positive untainted identification of appellant. The manager positively identified appellant as being in the store immediately preceding the robbery. Although the stolen money was not recovered the corpus delicti was proved.

2. Life imprisonment is a statutory penalty for armed robbery and is not cruel and inhuman punishment. Appellant’s contention that his sentence is excessive may be presented to the sentence review board as provided in Code Ann. § 27-2511.1.

3. The alleged disqualification of a grand juror should have been raised before the indictment was returned. Parris v. State, 125 Ga. 777 (4) (54 SE 751) (1906).

Judgment affirmed.

All the Justices concur, except Gunter, Ingram and Hill, JJ., who concur in the judgment only.

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Cite This Page — Counsel Stack

Bluebook (online)
233 S.E.2d 199, 238 Ga. 450, 1977 Ga. LEXIS 1059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mydell-v-state-ga-1977.