243 Ga. 720 | Ga. | 1979
John Thomas Anglin, Sr., was convicted by a jury on circumstantial evidence for the murders of Benjie Tygart and Johnny Luke on May 22,1977, in Atkinson County.
1. The evidence was sufficient to support the verdict. The state produced some 60 witnesses to show that Anglin, Sr., and his son, Anglin, Jr., conspired to obtain large amounts of insurance,*
Anglin, Sr., testifying in his own defense, denied he had read Anglin, Jr.’s will; denied he participated in any manner in the deaths of Tygart and Luke; stated the insurance agent was lying in testifying he was present when the large insurance policy was delivered, and denied he was present in Waycross to assist Anglin, Jr., in bringing back a green Plymouth Fury automobile and denied he knew of its existence. He also sought to show that he believed Anglin, Jr., had also been murdered and searched the farm pond near the barn looking for his body when the authorities would not do so.
We conclude the evidence introduced during the trial was sufficient to authorize the jury to convict appellant of conspiracy to murder the victims based upon circumstantial evidence and did not demand a verdict of acquittal as a matter of law. Sutton v. State, 237 Ga. 418, 419 (228 SE2d 815) (1976); Harris v. State, 236 Ga. 242, 244-245 (223 SE2d 643) (1976); Smith v. State, 56 Ga. App. 384, 387 (192 SE 647) (1937).
2. We also conclude it was not error to permit the
3. The court’s charge on conspiracy was essentially that authorized by Code Ann. § 38-306 and was not erroneous as a matter of law. Further, the court charged the jury that they were not to consider the acts and declarations of the co-conspirator if they did not find first that a conspiracy existed.
Judgment affirmed.
This is a companion case to Case No. 34746 in which John Thomas Anglin, Jr., appeals his conviction and life sentence for the murder of these victims. The father and son were indicted in a special presentment issued October 31,1977. A severance was granted. Anglin, Jr., was tried first and convicted. Anglin, Sr.’s case was transferred to Cook County upon motion for change in venue (pre-trial
The record and transcript shows the following insurance estate established by Anglin, Jr., during the period from January, 1977, through May 22, 1977, the date of the murders: $169,000 in straight life insurance;