449 S.E.2d 544 | Ga. Ct. App. | 1994
Defendant Stinson appeals his convictions of the offenses of armed robbery and kidnapping. Held:
1. Defendant and co-defendant Darrell Shy rented a room in the home of Sherline Collins and Curtis Collins but failed to pay any rent. Curtis Collins evicted defendant and Shy who returned later the same day with an unidentified third companion. After some argument, Shy and the unidentified third person became involved in a fight with Curtis Collins who was struck about the head with brass knuckles and his wallet taken. Meanwhile, defendant forced Sherline Collins into another room of the house where she was bound, gagged, and hit about the face.
Defendant’s first enumeration of error complains of ineffective
2. In defendant’s remaining enumeration of error, he maintains that the trial court erred in charging the jury on conspiracy since conspiracy was not charged in the indictment. “ ‘Even though a conspiracy is not charged in the indictment, the jury charge is not incorrect where the evidence supports it. Spencer v. State, 180 Ga. App. 498 (349 SE2d 513) ((1986)).’ Sabree v. State, 195 Ga. App. 135, 138 (7) (392 SE2d 886) (1990).” Bradford v. State, 202 Ga. App. 724 (1), 725 (415 SE2d 697). “ ‘Slight evidence will justify a charge even where the preponderance of the evidence tends to show the non-existence of such a fact. (Cit.) A conspiracy may be reflected by inference arising from a deduction from acts and conduct showing a common design to act together for the accomplishment of an unlawful purpose. (Cit.)’ Camp v. State, 181 Ga. App. 714, 717 (3) (353 SE2d 832) (1987).” Hicks v. State, 195 Ga. App. 887, 889 (2) (395 SE2d 341). The evi
Judgment affirmed.