Byers v. State, 30879
| Decision Date | 06 April 1976 |
| Docket Number | No. 30879,30879 |
| Citation | 236 Ga. 599,225 S.E.2d 26 |
| Parties | Roy Eugene BYERS v. The STATE. |
| Court | Georgia Supreme Court |
M. Gene Gouge, Dalton, for appellant.
Samuel Brantley, Dist. Atty., Dalton, Arthur K. Bolton, Atty. Gen., H. Stephen Parker, Asst. Atty. Gen., Atlanta, for appellee.
Eugene Roy Byers was convicted of armed robbery and sentenced to serve 18 years. He appeals to this court. HELD:
1. The indictment charged the appellant with armed robbery by taking 'from the person of Agnes Head, the following property, to wit: Cash, of the property of Fifth Avenue Cab Company, of the value of less than $100, by use of a knife, the same being an offensive weapon.'
The evidence was sufficient to authorize the jury to find that Agenes Head and her husband owned the Fifth Avenue Cab Company and that she was operating the cab belonging to the company when she was robbed at knifepoint by the appellant. The appellant contends that there is a fatal variance between the allegations of the indictment and the proof. There is no merit in this contention. As stated in De Palma v. State, 225 Ga. 465, 469, 169 S.E.2d 801, 805 (1969), The appellant here was not subjected to either of these dangers and we find that the trial court did not err in overruling the motion for directed verdict based on the ground of fatal variance. Bell v. State, 227 Ga. 800, 802, 183 S.E.2d 357 (1971); Seabolt v. State, 234 Ga. 356(1), 216 S.E.2d 110 (1975).
2. The appellant contends that the trial court erred in charging the jury on flight. The evidence shows that the appellant told his mother that he was in trouble with the law as a result of his activities; that he had planned a round-trip visit to Milledgeville, Georgia, from Whitfield...
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