416 S.E.2d 829 | Ga. Ct. App. | 1992
Appellant was convicted by a jury of robbery by sudden snatching (OCGA § 16-8-40 (a) (3)) and obstruction of an officer (OCGA § 16-10-24 (b)). He appeals from the denial of his motion for new trial.
1. Appellant contends in his first enumeration of error that the guilty verdict was against the weight of the evidence. Viewing the evidence in a light most favorable to the verdict, the facts showed that
Although appellant argues that the State’s witnesses were not credible, it is axiomatic that “ ‘[t]he weight of the evidence and credibility of witnesses are questions for the triers of fact, and this court passes on the sufficiency of the evidence, not its weight. . . .’ [Cits.]” Hudson v. State, 198 Ga. App. 360, 362 (1) (401 SE2d 571) (1991). We find that the evidence was sufficient for a rational trier of fact to find appellant guilty beyond a reasonable doubt of robbery and obstruction of an officer. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Singleton v. State, 194 Ga. App. 423 (3) (390 SE2d 648) (1990).
2. On cross-examination of one of the police officers, appellant’s counsel solicited from the officer that another officer had identified appellant as one of the men in the videotape. On redirect examination, the officer identified still photographs made from the videotape
3. In his third enumeration of error, appellant contends that it was error to allow the State to impeach the testimony of one of its witnesses. On cross-examination, appellant’s counsel extracted from Hannah that there were two video cameras in the store, the one retrieved by the police which pointed toward the front door and another which focused on the cash register. Appellant’s counsel attempted to leave the jury with the impression that the videotape from the camera focused on the cash register had been withheld by the police because it might exculpate appellant. The State called Bernice McFarlin, another employee of the store, who testified that the camera focused on the cash register was not in operation on the night of the robbery. We disagree with appellant’s characterization of this evidence as impeaching Hannah. The evidence merely added to Hannah’s testimony and was relevant in light of appellant’s cross-examination of Hannah. The trial court did not abuse its discretion in allowing the testimony. See Ingram v. State, 192 Ga. App. 196 (2) (384 SE2d 262) (1989).
4. Appellant also contends that it was error to allow the testimony of McFarlin because her name was not included on the State’s list of witnesses pursuant to OCGA § 17-7-110. OCGA § 17-7-110 provides that “[wjithout the consent of the defendant, no witness shall be permitted to testify for the state whose name does not appear on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall state in his place that the evidence sought to be presented is newly discovered evidence which the state was not aware of at the time of its furnishing the defendant with a list of the witnesses.” McFarlin testified as to the exact amount of money taken in the robbery and to the fact that the second video camera was not operating. The prosecutor stated in his place that he became aware of the video camera focused on the cash register the night before McFar
Judgment affirmed.