Holbrook v. State, (No. 18143.)

• Decision Date: 14 July 1927
• Docket Number: (No. 18143.)
• Citation: 138 S.E. 919,37 Ga.App. 106
• Parties: HOLBROOK. v. STATE.
• Court: Georgia Court of Appeals

37 Ga.App. 106

138 S.E. 919

HOLBROOK.

v.STATE.

(No. 18143.)

Court of Appeals of Georgia,

Division No. 1.

July 14, 1927.

(Syllabus by Editorial Staff.)

Error from Superior Court, De Kalb County; John B. Hutcheson, Judge.

Charlie Holbrook was convicted of an attempt to rob, and he brings error. Affirmed.

H. A. Allen and Jesse B. Simmons, both of Atlanta, for plaintiff in error.

Claude C. Smith, Sol. Gen., of Decatur, for the State.

LUKE, J. Holbrook was charged with an attempt to rob, in that "he did make an assault upon S. M. Gamble, with intent then and there wrongfully, fraudulently, and violently, by force and intimidation, to rob him, the said S. M. Gamble, by pointing a pistol at said Gamble, and at same time saying to him, "Up with them." The person alleged to have been assaulted testified positively to the identity of the defendant, and testified that the defendant "threw his gun on" him and said to him, "God damn you, up with with them, up with them." The prosecutor fled. The defendant stated that he was not the person who pointed the gun at the prosecutor, and that he was not guilty of the offense charged. The jury returned a verdict of guilty. This court cannot hold that the verdict was without evidence to support it.

The four special assignments of error upon excerpts from the charge of the court do not show reversible error. The court did not err in overruling the motion for a new trial.

Judgment affirmed.

BROYLES, C. J., and BLOODWORTH, J., concur.