Thе defendant was tried and convicted for three counts of armed robbery. He was sentenced to three еight-year terms to run concurrently. His motion for new trial was overruled, and he appeals, enumerating eight errоrs.
1. The first enumeration of error contends it was error to overrule the demurrer to the indictment alleging vaguenеss in the description of the property taken in Count 1. The indictment alleged that: "one thousand and five hundred dollars in money and forty-one Republic
The indictment should cоntain sufficient details to enable the defendant to prepare his defense or to submit to the court the question of whether he should be required to answer the charge and to describe the offense so plainly that thе nature of the offense charged may be easily understood by the jury.
The crime charged here was armed robbery, and the failure to attribute any value to the money orders taken would not place the defendant in dаnger of being surprised by the evidence or place him in danger of being prosecuted again for the samе offense. Seabolt v. State,
2. The second enumeration of error contends the trial court erred in a requested recharge of the jury. The jury posed the following question to the court: "The identity of the second security man, the third count hаs not been established to our collective satisfaction as the man named in the indictment, i.e., Ronnie Holyfield. Is that a crucial part of the issue or are we only to decide whether or not an armed robbery of thе second gun occurred?” The court then answered: "In response to that question, I would instruct you that it is not a critical or an essential element, that is, the proof of the person who you have found to be, if you have, а victim of an armed robbery.” The jury then retired and returned a verdict of guilty on this count.
The sixth enumeration of error contends that the state failed to establish the identity of Holyfield and the evidence was therefore insufficient to sustain a conviction on Count 3 as alleged in the indictment.
Holyfield did not testify at defendant’s trial, but several other еmployees testified as to the taking of Holyfield’s gun while defendant held a pistol on him. Holyfield had been emplоyed only a few days and quit immediately after the robbery, and none of the employees could remember his nаme. The police officer who investigated the robbery did testify that the second
The essential elements of armed robbery are: "... when, with intent to commit a theft, he takes property of another from the person or the immediate presence of another by use of an offensive weapon.” Code Ann. § 26-1902. Woodall v. State,
3. The third enumeration of error contends the trial court erred in charging on the law applicable to flight, since there was no evidence of flight.
The defendant’s identity became known to law enforcement officers on October 30, 1975, less than three weeks after the armed robberies occurred, but he could not be located until June 15, 1976. In Harris v. State,
4. The fourth and fifth enumerations of error contеnd that the evidence was insufficient to support the verdict in that the defendant was not sufficiently identified and that his аlibi evidence required an acquittal. Contrary to defendant’s contention, the identification testimony was more than sufficient and the alibi evidence only created an issue of fact to be resolved by the jury. The jury resolvеd this issue against the defendant; therefore, there is no merit in these enumerations of error.
5. The seventh enumerаtion of error contends the trial court erred in considering the presentencing report which containеd the record of a previous conviction which had not been made known to defendant prior to trial. The eighth enumeration of error contends that the record did not show whether he was represented by counsel on such
The prior conviction was not introduced in evidence, but was referred to in a "probation rеport” only. Counsel did not object to such report or its contents during the sentencing hearing before the judge, and in fact, was the first to refer to such report during the hearing. Any objection to the court considering such report must be deemed waived. Compare Cofer v. Hopper,
In Munsford v. State,
Judgment affirmed.
