151 Ga. App. 563 | Ga. Ct. App. | 1979
Appellants Donald R. Justice and Ray C. Brown were jointly tried and convicted of robbery by force. Additionally Justice was convicted as a recidivist. Justice was sentenced to twenty years with twelve to serve, and Brown was sentenced to twelve years with seven to serve. They each enumerate as error the denial of their motions for a verdict of acquittal based upon a lack of probative evidence establishing identity. Held:
The relevant evidence shows that the victim was walking on the streets of Athens on his way home after an evening of frolic. The evidence further shows that it was between 4:00 and 4:30 a.m. and that the victim observed no one on the streets except for two black men he passed walking in the opposite direction. Shortly thereafter he sensed someone behind him. He was seized from behind and thrown to the ground and someone reached into his back pocket and removed his wallet. Thus, we are confronted with the typical mugging. When he was released, the victim raised up and saw two black men running from the scene. One was dressed in a red jacket or shirt and black trousers. He had a short Afro haircut. The other man was dressed in white clothes and had longer Afro-cut hair. There were no other persons in sight. A police patrol car drove up at about the same time. The officer saw three men on the sidewalk though the officer did not see an attack or anyone on the ground. Two black men were
The rule as to the sufficiency of circumstantial evidence to support a conviction is that the evidence must exclude every reasonable hypothesis except the guilt of the accused, not that it must remove every possibility of his innocence. Eason v. State, 217 Ga. 831, 840 (125 SE2d 488); Jerdine v. State, 137 Ga. App. 811, 812 (224 SE2d 803). In this case a prima facie showing of guilt was made out by the state. It was not necessary for the state to show a case that demanded a verdict, nor was it necessary for the state to prove that it was impossible for the offense to have been committed by anyone else, or that it might not by bare possibility have been done by another. Pinson v. State, 235 Ga. 188, 190 (219 SE2d 125). Questions of reasonableness are generally to be decided by a jury and if the evidence before the court is sufficient to authorize a jury to find appellant guilty, the appellate court will not disturb a ruling by the trial court giving the jury that right unless a
Only where there is no conflict in the evidence and a verdict of acquittal is demanded as a matter of law is it error for a trial court to refuse to direct a verdict. Merino v. State, 230 Ga. 604 (198 SE2d 311); Allen v. State, 137 Ga. App. 302, 303 (223 SE2d 495). In reviewing the overruling of a motion for a directed verdict, the proper standard to be utilized by the appellate court is the "any evidence” test. Bethay v. State, 235 Ga. 371 (219 SE2d 743). The evidence in this transcript fully supports both the ruling by the trial court and the verdict of the jury. The enumerations of error in both appeals are without merit.
Judgments affirmed.