326 S.E.2d 599 | Ga. Ct. App. | 1985
Appellant was convicted of the offense of armed robbery. In his sole enumeration of error, he contends the evidence is insufficient to support the verdict. Held:
Two men, Robert Adams and Michael Robinson (appellant’s brother), robbed a convenience store at gunpoint in the early morning hours of May 4,1982. They took a money bag, several hundred dollars
The police spotted the automobile driven by the appellant in the vicinity of the convenience store within minutes of the robbery. Three police vehicles pursued appellant’s automobile for about a mile or mile and a half. Each police vehicle had its blue light flashing. Appellant increased his speed and refused to stop the automobile. Appellant did not stop until one of the police vehicles cut in front of him and blocked the road. A search of the automobile driven by appellant revealed the presence of a gun and the stolen money bag under the front passenger seat. The beer which was taken in the robbery was found in the back of appellant’s automobile.
“While mere presence at the scene of the commission of a crime is not sufficient evidence to convict one of being a party thereto, ‘ “presence, companionship, and conduct before and after the offense are circumstances from which one’s participation in the criminal intent may be inferred.” ’ Jones v. State, 242 Ga. 893 (252 SE2d 394) (1979).” Kimbro v. State, 152 Ga. App. 893, 894 (264 SE2d 327). The evidence in the case sub judice, although circumstantial, was sufficient to enable a rational trier of fact reasonably to conclude that appellant was guilty of armed robbery (as the “get-away man”) beyond a reasonable doubt. Kimbro v. State, 152 Ga. App. 893, supra; Ingram v. State, 161 Ga. App. 5, 6 (2) (288 SE2d 842). The jury was authorized to disbelieve Adams’ testimony that appellant knew nothing of the robbery in the face of the circumstances pointing to appellant’s guilt. Frazier v. State, 152 Ga. App. 743 (1) (264 SE2d 35); Timber-lake v. State, 158 Ga. App. 125, 127 (1) (279 SE2d 283).
Judgment affirmed.