Blackwell v. State
| Decision Date | 07 September 1976 |
| Docket Number | No. 52461,No. 3,52461,3 |
| Citation | 228 S.E.2d 612,139 Ga.App. 477 |
| Parties | Robert BLACKWELL v. The STATE |
| Court | Georgia Court of Appeals |
Robert C. Ray, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., H. Allen Moye, Asst. Dist. Atty., Atlanta, for appellee.
The accused, Robert Lee Blackwell, was convicted of selling heroin in violation of the Georgia Controlled Substances Act. His motion for new trial was denied, and his appeal to this court asserts that (1) the trial court erred in denying his motion for new trial on the general grounds; (2) the identification of the accused as the perpetrator of the crime is without evidence to support it; (3) there was an unreasonable delay between the alleged offense and the time of arrest, thus violating due process, and (4) the trial court erred in failing to properly charge as to the state's burden created by the affirmative defense of alibi, once alibi was established by the accused.
1. The trial court did not err in overruling the general grounds. If the trial court overrules the general grounds, this court considers only the sufficiency of the evidence, not the weight of the evidence. 'The weight of the evidence was considered by the jury at the trial and by the trial judge in ruling upon the general grounds.' Ridley v. State, 236 Ga. 147, 149, 223 S.E.2d 131, 132; Minor v. State, 139 Ga.App. 168, 228 S.E.2d 33.
There was evidence to authorize the jury to find the accused guilty, and the evidence supports the verdict. 'On appeals from findings of guilt, the presumption of innocence no longer prevails, the fact finders have determined the credibility of witnesses, the fact finders have been convinced beyond a reasonable doubt, and the appellate courts review the evidence only to determine if there is any evidence sufficient to authorize the fact finder to return the verdict of guilty.' Ridley v. State, 236 Ga. 147, 149, 223 S.E.2d 131, 132, supra; Green v. State, 123 Ga.App. 286, 287(3), 180 S.E.2d 564.
2. There is no merit in the contention that the identification of the accused was without evidence to support it. Detective Holmes who made the purchase of six bags of heroin from Blackwell and his brother positively identified in court the accused as being the person from whom he made the purchase. He said that at the time of the purchase he did not know the accused's full name, and that by looking at some pictures he determined 'Doc' Blackwell to be Robert Lee Blackwell. Detective Holmes further testified, The incourt identification was based upon Detective Holmes' view of the defendant at the scene of the crime and was not impermissibly tainted. Hunter v. State, 135 Ga.App. 172, 175(2), 217 S.E.2d 172, and citations.
3. Blackwell's third enumeration of error is that there was an unreasonable delay between the alleged offense and the time of the arrest, thus violating the due process clause of the Constitution. The crime occurred on June 4, the indictment was returned by the grand jury on August 19, Blackwell was arrested on September 3, and he was tried on October 20 and 21.
' There is no constitutional right to be arrested.' Hoffa v. United States, 385 U.S. 293, 310, 87 S.Ct. 408, 417, 17 L.Ed.2d 374 (1966); Johnson v. State, 128 Ga.App. 69, 195 S.E.2d 676. An arrest may be made either before or after an indictment. Rogers v. State, 133 Ga.App. 513, 211 S.E.2d 373. Blackwell had no constitutional right to be arrested earlier...
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