In indictment for robbery, ownership of property taken may be laid in person having actual lawful possession of the property, although the person may be holding the property merely as agent of another; and it is not necessary to set forth in indictment fact that person in whom ownership is laid is holding the property merely as agent of real owner. Evidence that the defendant merely approached the victim with the defendant's hand in the defendant's jacket pocket was insufficient to support a conviction of criminal attempt to commit armed robbery. There was sufficient evidence to find the defendant guilty of armed robbery beyond a reasonable doubt since the defendant admitted to being present while a third person accosted the victim and robbed the victim at gunpoint in a parking lot and further conceded that when instructed by that third person to pick up the money the victim had thrown down, the victim did so. Although offenses related to the getaway car were part of the same criminal episode, the essential elements of armed robbery, theft by receiving, fleeing, or attempting to elude a police officer, and reckless driving were completely separate and distinct. Buruca v. 650, 629 S. 2d 438 (2006). Moore v. 861, 213 S. 2d 829 (1975), cert. 526, 238 S. 2d 69 (1977). State, 314 Ga. 198, 723 S. 2d 520 (2012) with aggravated assault. For article on recidivism and convictions based on nolo contendere pleas, see 13 Ga. Rev. 382, 651 S. 2d 491 (2007) charge improper when charge indicated defendant had hand under shirt. Evidence supported finding the defendant guilty under O.
When the defendant contended the only evidence against the defendant was defendant's extra-judicial statement and since there was no evidence of intent and no evidence that a weapon was involved or that a theft occurred, the defendant's conviction could not stand. Because defendant's four accomplices in commission of multiple armed robberies and aggravated assaults corroborated each other as to the defendant's participation in the crimes, convictions on those offenses were upheld on appeal. 183, 646 S. 2d 55 (2007). Evidence of the defendant's subsequent arrest on other charges while driving the same vehicle defendant had been driving on the night of the robbery and of the seizure from that vehicle of a pistol which was similar in appearance to the one alleged to have been used by defendant during the robbery was clearly relevant in that it connected defendant both to the vehicle and to the weapon. Leary v. 754, 662 S. 2d 733 (2008). 421, 447 S. 2d 714 (1994); Hill v. 9, 550 S. 2d 422 (2001). The Supreme Court of Georgia, in Collins v. State, 239 Ga. 400, 236 S. E. 2d 759 (1977), held that the rationale of Coker must be applied also to armed robbery. Sentence properly enhanced. 393, 599 S. 2d 340 (2004) robbery of convenience store. Something such as whether or not your firearm was loaded can have a lot of bearing on your case. Evidence that the defendant and an accomplice were both tied to robberies just before and just after the robberies of the second and third victims, an officer observed the defendant and the accomplices exit a car registered to the defendant's mother shortly after the robberies, and items stolen from the second and third victims were found in that car, was sufficient to support the defendant's convictions for the second and third robberies. Aggravated assault conviction did not merge with armed robbery offenses for sentencing purposes because each crime required proof of an additional fact as the robbery required proof that the defendant took the property of another, which was not required to prove aggravated assault, and assault required proof that the victim was placed in reasonable fear of immediately receiving a violent injury, which armed robbery did not require. After the defendant took a cab driver's fare money, a gold coin, and the cab and was apprehended after a chase, the evidence was sufficient for a rational trier of fact to find the defendant guilty beyond a reasonable doubt of armed robbery, hijacking a motor vehicle, and obstruction of a police officer.
"Intimidation" as element of bank robbery under 18 USCA § 2113(a), 163 A. Frisby v. 271, 818 S. 2d 543 (2018), overruled on other grounds by Collier v. 363, 834 S. 2d 769 (2019). Escobar v. State, 279 Ga. 727, 620 S. 2d 812 (2005). Armed robbery, attempted armed robbery, and possession of a firearm during the commission of a crime convictions were upheld on appeal based on sufficient evidence supporting the defendant's guilt, specifically, a security surveillance videotape, eyewitness testimony, and the defendant's voluntary admission to police. Following evidence was sufficient to convict the defendant of armed robbery: (1) two armed persons robbed a sandwich shop; (2) shortly thereafter, a witness saw the defendant and two others dividing cash among themselves, and heard one of them state they had just robbed the shop; and (3) shop employees, the other witness, and the defendant's accomplice all identified the defendant as one of the robbers.
I was very grateful that I found Mr. Schwartz. Since the victim was cut and hit by a shotgun during a struggle with defendant in defendant's attempt to obtain money for drugs, the evidence was sufficient to sustain defendant's convictions for armed robbery, aggravated assault, and possession of a firearm during the commission of a crime under O. § 16-7-85(a), and armed robbery, O. When the defendant shoots the victim immediately before taking the victim's personal belongings, the victim's actions fall within the scope of O. Sufficient evidence supported the defendant's convictions for armed robbery, false imprisonment, kidnapping, and aggravated assault based on the state showing that the defendant held the four boys at gunpoint, forced the boys into the pool to restrict their ability to flee, and stole two cell phones and money from the boys before fleeing. Although robbery by intimidation is a lesser included offense of armed robbery, it is not error in an armed robbery case to fail to charge on robbery by intimidation where there is evidence of robbery by use of an offensive weapon, but no evidence of robbery by intimidation. Because: (1) the trial court did not err in admitting certain identification evidence alleged to be hearsay as testimony relative to the identification was not offered for the truth of the matter asserted; (2) the defendant's requested instruction was not tailored to the facts and was potentially confusing; and (3) the defendant's character was not placed in issue, convictions of armed robbery, hijacking a motor vehicle, and obstruction were all upheld.
Joyner v. 60, 628 S. 2d 186 (2006). § 16-8-41(a) did not merge pursuant to O. Norman v. 721, 716 S. 2d 805 (2011). Spivey v. 785, 534 S. 2d 498 (2000). Indictment with variation in victim's identification. Evidence that the defendant approached the victim from behind and struck the victim after the victim received cash in payment for delivering pizza and that the defendant attempted to use an automotive water pump to hit the victim was sufficient to support the defendant's convictions for aggravated assault and criminal attempt to commit armed robbery. Attempted armed robbery conviction was upheld on appeal as severance from a separate charge of armed robbery was not required, given that the two crimes were part of a series of connected acts, committed within a short period of time, in the same area, with the same weapon, and involved a similar modus operandi.
2d 340 (2004) offense charges not given when not supported by evidence. § 16-8-41(a) as armed robbery was not one of the charged offenses because the defendant did not object to the charge and expressly declined the trial court's offer to recharge the jury. In a trial for armed robbery and kidnapping, the trial court does not err in instructing the jury on the law of conspiracy although conspiracy was not charged in the indictment, where the conspiracy instruction was properly adjusted to the evidence. § 16-5-21(a)(2) for aggravated assault could be sustained based upon defendant's conduct with a knife, pursuant to O. Rutledge v. 580, 623 S. 2d 762 (2005).
Title 16 - Crimes and Offenses. Smith v. State, 261 Ga. 25, 581 S. 2d 673 (2003). 2d 982 (1977), held that imposition of the death penalty where the victim is not killed is in violation of U. Harrelson v. 710, 719 S. 2d 569 (2011). § 17-10-1 (prior to the 1993 amendment) did not mandate a life sentence, a life sentence on an armed robbery conviction was proper under the specific provisions of O. Stovall v. 138, 453 S. 2d 110 (1995). Rainly v. 467, 705 S. 2d 246 (2010) instruction on accessory after fact not warranted. S., 295 Ga. 772, 673 S. 2d 280 (2009). Victim's testimony that the defendant pointed a gun at the victim, gave the gun to an accomplice, and took the victim's possessions, and that the victim was 100% sure the defendant was one of the robbers was sufficient to support a conviction for armed robbery. § 16-8-41 since the defendant's conviction was not based solely on fingerprints as the fingerprint evidence was corroborated by the additional evidence that the defendant's appearance was virtually an identical match of the victim's physical description of the robber and that the defendant was found wearing pants similar to those worn by the robber; the defendant offered no explanation of how the defendant's fingerprints came to be on the note used during the robbery.
Nor are they included offenses as a matter of fact where the two offenses are based on separate acts. Dorsey v. 268, 676 S. 2d 890 (2009). Restaurant was robbed, the restaurant's manager was fatally shot, and the manager's car was stolen.
We're checking your browser, please wait... Trade It All Lyrics. S. r. l. Website image policy. You're still standing after all you've seen, hmm. Please wait while the player is loading. Karang - Out of tune? Check out the new video for "Ready" from PJ Morton's upcoming album, 'PAUL. Be like water, just let it flow. Please immediately report the presence of images possibly not compliant with the above cases so as to quickly verify an improper use: where confirmed, we would immediately proceed to their removal. This page checks to see if it's really you sending the requests, and not a robot. Obstacles seem to be everywhere. Let God, let God, let God, let God, let God. I have to know if I to put it in His hands.
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