162 Ga. App. 626 | Ga. Ct. App. | 1982
Armed robbery. Joe M. Christopher was convicted as a principal of the offense of armed robbery and sentenced to serve 10 years. He enumerates as error the general grounds and the failure to charge on accomplice testimony. Held:
1. As to the general grounds, the jury was warranted in concluding that Loretta and Robert Reeves were friends of Christopher and that the three friends were driving in the countryside in Christopher’s car. Christopher, who was driving,
Though the evidence was contested, we will not speculate as to what evidence the jury chose to believe or disbelieve. On appeal this court is bound to construe the evidence with every inference and presumption being in favor of upholding the jury’s verdict. Mills v. State, 137 Ga. App. 305, 306 (223 SE2d 498); Wren v. State, 57 Ga. App. 641, 644 (196 SE 146). Although the evidence was in conflict on the issue, it was for the jury to resolve such conflicts in the testimony. The jury resolved this conflict in favor of the state, and this court will not substitute its judgment for that of the jury. Dade v. Dade, 213 Ga. 533 (1) (100 SE2d 181). We find the evidence in this case viewed in the light most favorable to the verdict, supports a finding by a rational
2. Upon consideration of appellant’s complaint that the trial court erred in failing to charge fully on the law of accomplices, we likewise find this enumeration to be without merit. Appellant did not request such a charge and when offered the opportunity to object to the charge as given or request additional charges, appellant stated he was satisfied with the charge as given. See Cherry v. State, 38 Ga. App. 388 (144 SE 50); see also Thomas v. State, 234 Ga. 615, 618 (216 SE2d 859); Floyd v. State, 149 Ga. App. 164, 165 (2) (253 SE2d 780). Moreover, the state did not rely solely on the testimony of the accomplices. Appellant admitted being present at the scene of the robbery. A person fitting his description was observed driving the “getaway” car and he was arrested, after seeking to avoid apprehension, in a car containing the stolen cash, currency and coins, as well as the gun utilized in the robbery. Because the state did not rely solely on the evidence of the accomplices to connect the accused Christopher to the armed robbery, it was not incumbent upon the court, without a request, to instruct the jury as to the credibility or corroboration of the accomplice testimony. Smith v. State, 154 Ga. App. 741, 742 (3) (270 SE2d 5).
Judgment affirmed.