Armour v. State

• Court: Georgia Court of Appeals
• Writing for the Court: SOGNIER; DEEN, C. J., and BIRDSONG
• Citation: Armour v. State, 270 S.E.2d 22, 154 Ga.App. 740 (Ga. App. 1980)
• Decision Date: 02 July 1980
• Docket Number: No. 59360,59360
• Parties: ARMOUR v. The STATE.

Page 22

270 S.E.2d 22

154 Ga.App. 740

ARMOUR v. The STATE.

No. 59360.

Court of Appeals of Georgia.

Submitted Feb. 6, 1980.

Decided May 14, 1980.

Rehearing Denied May 28, 1980.

Certiorari Denied July 2, 1980.

Charles W. Smith, Jr., Gainesville, for appellant.

Jeff C. Wayne, Dist. Atty., Thomas Myron Cole, Asst. Dist. Atty., for appellee.

SOGNIER, Judge.

Armour was convicted in the Superior Court of Hall County of burglary of the post office in Murrayville, Georgia. On appeal, he enumerates six errors; however, defense counsel did not object or take exception at trial to the first three errors enumerated, and it is well settled that this court will not consider any issues raised for the first time on appeal. Sanders v. State, 134 Ga.App. 825, 216 S.E.2d 371 (1975). Thus, we will confine our opinion to the last three enumerations of error, which challenge the conviction on the so-called "general" grounds.

Evidence presented at trial would authorize the jury to find that on the night of December 31, 1978 Armour and Jimmie Nell Woody broke into the Murrayville post office by forcing a locked door open with a crowbar. They took some letters, an adding machine, coins and three rolls of 15 cent stamps. Subsequently, Armour opened the envelopes, removed any checks and burned the remaining contents and envelopes. He took the checks and gave them to two different young ladies who went into various commercial establishments and a bank and cashed the checks. The young ladies forged the name of the payee when they endorsed the checks; they would then give the money to Armour, who would give a portion of such money to the young ladies and keep the remainder himself. Woody took the adding machine to her mother's house, where it was found by law enforcement officials; two of the three rolls of stamps were found in Woody's cigarette...