Brown v. State
| Decision Date | 24 September 1974 |
| Docket Number | No. 29154,29154 |
| Citation | 209 S.E.2d 180,232 Ga. 838 |
| Parties | Johnnie Leroy BROWN et al. v. The STATE. |
| Court | Georgia Supreme Court |
Reginald C. Haupt, Jr., Savannah, for appellants.
Andrew J. Ryan, Jr., Dist. Atty., Michael K. Gardner, Joseph D. Newman, Asst. Dist. Attys., Savannah, Arthur K. Bolton, Atty. Gen., John W. Dunsmore, Jr., Deputy Asst. Atty. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
Bobby Leroy Brown and Johnnie Leroy Brown were convicted of the murder of James Stephens and sentenced to life imprisonment, convicted of aggravated assault of Allen Givens and sentenced to ten years imprisonment, and convicted of robbery by use of force by taking certain property from Allen Givens and sentenced to imprisonment for twenty years. Each sentence was to run consecutively.
The evidence shows that Wyomie Pryor had known the defendant brothers for a long time and had lived with Bobby Leroy Brown for several months. She and the brothers went to a certain house in Frogtown and she bought a half-pint of whiskey for them. The victims, Allen Givens and James Stephens (alias Cornbread), arrived at the house later. Johnnie Leroy Brown heard Cornbread mention something about money. The defendants and Wyomie left the house and waited outside for the victims to leave. When the victims left, Johnnie Leroy Brown attacked Givens with a knife while Bobby Leroy Brown attacked Stephens with a large concrete block. The defendants then went through the victims' pockets taking an unknown amount of change from Givens and the victims were then dragged into the bushes. During the attack Wyomie testified that she tried to get the defendants to stop but that they ignored her. After the attack she stated that she did not call for help for the victims because someone else had already called. Other evidence was introduced which showed the scene of the crime, the wounds inflicted on Givens and Stephens, and the condition of Givens' clothing which was the same as the testimony given by Wyomie. A statement of Johnnie Leroy Brown was also introduced into evidence which contained an admission that he inflicted some blows on one of the victims.
The defendants moved for a judgment notwithstanding the verdicts based on their motion for directed verdict during the trial of the case. The motions for directed verdicts and judgment notwithstanding the verdicts were overruled. The defendants appeal the denial of their motion for judgment notwithstanding the verdicts to this court. Held:
The appellants contend that only one question is presented for review in this case and that question is whether ...
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