160 Ga. App. 321 | Ga. Ct. App. | 1981
Defendant was indicted and convicted of the offense of robbery by use of force. Defendant appeals. Held:
1. The victim testified that she was a realtor who, after showing an individual identifying himself as Ron Sweet, a particular house on a previous occasion, arranged to meet him there on June 11,1979, in order that his wife could see the house. The person, who identified himself as Ron Sweet, had told the victim that he was an airline navigator being transferred from Houston, Texas. At the appointed time the person known as Ron Sweet arrived on foot and inquired of the victim as to whether his wife had arrived. After being assured by Ron Sweet that his wife should be there shortly, the victim unlocked the house. The victim and Ron Sweet entered the house. After about 15 minutes of looking about the house and waiting for the wife who never arrived, the individual, known as Ron Sweet, grabbed the victim from behind. After some struggling and screaming, the victim ceased her resistence. The perpetrator pulled the wedding ring and another ring from the victim’s hand and also took the victim’s watch. After taking the jewelry which contained approximately six carats of diamonds he took the victim into a bathroom where he tied her right hand to “an angle hand hold.” When left alone the victim, using her free hand, untied the knot, freed herself and drove back to her office.
The person known to the victim as Ron Sweet was identified by the victim from a photographic lineup as Jimmy Wayne Farrell, the defendant. The victim identified the defendant again in court.
The defendant presented an alibi defense by his testimony and the testimony of others. Defendant also presented testimony as to his physical appearance on or about the time of the robbery which contradicted that of the victim.
The resolution of the conflicts in the evidence was a matter for determination by the jury. After a careful review of the trial transcript and record we find, and so hold, that a rational trier of fact (the jury in the case sub judice) could reasonably have found the defendant guilty beyond a reasonable doubt of the offense of robbery by use of force. Sanders v. State, 246 Ga. 42 (1) (268 SE2d 628); Nelson v. State, 247 Ga. 172, 174 (1) (274 SE2d 317); Jones v. State, 154 Ga. App. 806, 807 (1) (270 SE2d 201).
2. Defendant contends that he was denied effective assistance of counsel because an additional alibi witness, an Alabama police officer, was not subpoenaed, and counsel failed to make any effort to advise the court when the witness would be available to testify. It
Furthermore, the absent witness would have testified that the defendant was at or near a suburb of Gadsden, Alabama at the time of the crime. His testimony would thus have been cumulative to that presented by the defendant and two other defense witnesses. It has been held that even an erroneous exclusion of testimony which is
Judgment affirmed.