Pitts v. State

Court of Appeals of Georgia

Pitts v. State

299 S.E.2d 147, 165 Ga. App. 68, 1983 Ga. App. LEXIS 3110

CourtCourt of Appeals of Georgia

DecidedJanuary 7, 1983

Docket64831

StatusPublished

This text of 299 S.E.2d 147 (Pitts 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

Pitts v. State, 299 S.E.2d 147, 165 Ga. App. 68, 1983 Ga. App. LEXIS 3110 (Ga. Ct. App. 1983).

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Opinion

Sognier, Judge.

Appellant was convicted of burglary and appeals on the general grounds.

About 12:30 a. m. November 18, 1980 Kevin Swindall heard a noise at the rear of his store and residence; Swindall looked and saw two men with a ladder placed against the back of the nearby Army-Navy store. Swindall’s wife called the police and described the two men. Swindall then saw a third man, later identified as appellant, coming down the ladder with a satchel under his arm. Appellant dropped the satchel, dropped to the ground and ran off into Underground Atlanta. Shortly thereafter appellant returned, grabbed the satchel and ran off again. Swindall went into the alley , and found 15 to 25 guns lying on the ground where the satchel had dropped. The police arrived and started looking in Underground Atlanta for the three suspects. The police saw and started toward appellant, who threw a pistol under a trolley, ran and threw down another pistol. Appellant was apprehended and after being advised of his Miranda rights (Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694)), told the arresting officer that the two men with him (appellant) made him burglarize the business. The pistols thrown away by appellant belonged to the owner of the Army-Navy store.

This evidence is sufficient to support the verdict, and we find that a rational trier of fact could find from the evidence adduced at trial proof of appellant’s guilt beyond reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560).

Judgment affirmed.

Deen, P. J., and Pope, J., concur.

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Sognier, Judge.

Appellant was convicted of burglary and appeals on the general grounds.

About 12:30 a. m. November 18, 1980 Kevin Swindall heard a noise at the rear of his store and residence; Swindall looked and saw two men with a ladder placed against the back of the nearby Army-Navy store. Swindall’s wife called the police and described the two men. Swindall then saw a third man, later identified as appellant, coming down the ladder with a satchel under his arm. Appellant dropped the satchel, dropped to the ground and ran off into Underground Atlanta. Shortly thereafter appellant returned, grabbed the satchel and ran off again. Swindall went into the alley , and found 15 to 25 guns lying on the ground where the satchel had dropped. The police arrived and started looking in Underground Atlanta for the three suspects. The police saw and started toward appellant, who threw a pistol under a trolley, ran and threw down another pistol. Appellant was apprehended and after being advised of his Miranda rights (Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694)), told the arresting officer that the two men with him (appellant) made him burglarize the business. The pistols thrown away by appellant belonged to the owner of the Army-Navy store.

This evidence is sufficient to support the verdict, and we find that a rational trier of fact could find from the evidence adduced at trial proof of appellant’s guilt beyond reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560).

Judgment affirmed.

Deen, P. J., and Pope, J., concur.

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299 S.E.2d 147, 165 Ga. App. 68, 1983 Ga. App. LEXIS 3110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitts-v-state-gactapp-1983.

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