129 Ga. App. 271 | Ga. Ct. App. | 1973
The defendant, along with 2 others, was indicted for the offense of armed robbery in that by use of a knife certain property and money were taken from a named individual. The case came on for trial at which the defendant was convicted by a jury for robbery by intimidation and was duly sentenced to 4 years confinement. A motion for new trial and an amended motion for new trial filed by the defendant were overruled. From that judgment the defendant appeals to this court. Held:
In a recent case, Daniels v. State, 230 Ga. 126 (195 SE2d 900), the following charge was considered and approved. "Now, I charge you that intent to commit theft is an essential element or ingredient of the crime of armed robbery. Intent may be shown in many ways provided you, the jury, believe it existed from the proven facts before you. It may be inferred from the proven circumstances or by acts and conduct, or it may be presumed when it is the natural and necessary consequence of an act.” See Bloodworth v. State, 129 Ga. App. 40 (2), and cases cited therein, where such charge was approved despite a contention similar to the one made in this case.
Criminal Code of Georgia § 26-604 (Ga. L. 1968, pp. 1249, 1269) which immediately precedes Code Ann. § 26-605 recites: "A person of sound mind and discretion is presumed to intend the natural and probable consequences of his acts, but the presumption may be rebutted.” The charge in the case sub judice uses the same language as the Code section except the word "necessary” was used in the place of the word "probable.” Since necessary is a more restrictive term than probable, there could be no error harmful to the defendant in giving the charge.
2. The defendant contends that since the evidence showed an offensive weapon was used to commit the offense that the defendant could not be convicted of robbery by intimidation. The Supreme Court in the recent case of Holcomb v. State, 230 Ga. 525, has held in answer to our certified question that evidence authorizing a conviction of robbery by the use of an offensive
Judgment affirmed.