169 Ga. App. 218 | Ga. Ct. App. | 1983
Appellant was convicted of armed robbery and sentenced to 10 years in the penitentiary. He appeals, enumerating as error the insufficiency of the evidence to support the conviction and the refusal of the trial court to grant two written requests to charge the jury regarding proof of identity.
The evidence shows that two men entered a McDonald’s restaurant one afternoon, forced an employee to open a safe at gunpoint, and left with an undetermined amount of money. The restaurant was open at the time; however, the customers and many of the employees apparently were unaware of the robbery. The employee who opened the safe was an acquaintance of appellant but did not identify him. Three other employees identified appellant through either a live or photographic line-up, and they also identified him at trial. In addition, a 14-year-old boy identified appellant as a man whom he had observed across the street from the restaurant shortly before the robbery occurred, wrapping two pistols in a towel and speaking with two other men about taking money from a safe. Appellant denied culpability and presented an alibi defense. Held:
1. Although the evidence was conflicting, there was ample evidence from which a rational trier of fact could have concluded beyond a reasonable doubt that appellant was guilty of armed robbery. See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Crawford v. State, 245 Ga. 89 (1) (263 SE2d 131) (1980).
2. Appellant submitted four written requests to charge the jury on the issue of proof of identity. The charge given to the jury was essentially the same as contained in two of the requests; however, the remaining two requests were not given. The language of the charge given was substantially the same as that approved in Garrett v. State, 141 Ga. App. 584 (5) (234 SE2d 161) (1977). “Jury instructions must
Judgment affirmed.
