Johnson v. State, 57290
Decision Date | 08 March 1979 |
Docket Number | No. 57290,57290 |
Citation | 253 S.E.2d 889,149 Ga.App. 273 |
Parties | JOHNSON v. The STATE. |
Court | Georgia Court of Appeals |
Lawson E. Thompson, Washington, for appellant.
Kenneth E. Goolsby, Dist. Atty., Dennis C. Sanders, Asst. Dist. Atty., for appellee.
The defendant appeals his conviction for giving a false name to a law enforcement officer (Code Ann. § 26-2506; Ga.L.1968, pp. 1249, 1313) and for escape. Held:
1. The trial judge's charge to the jury stressed the necessity of their finding the accused gave a false name with the intent of misleading the officer as to his identity. The defendant was arrested for a traffic violation and found to be without a driver's license. He gave as his name "Randy Jopling." The following day he responded affirmatively to the question "Is your name Ralph Bell Johnson?" The defendant's testimony was that he used both names "in a legal content" although he admitted the name he gave the police officers ("Randy Jopling") was not the name found on his birth certificate, his social security card or on his former driver's license.
The evidence was sufficient to sustain the jury's finding that the defendant violated Code Ann. § 26-2506.
2. The evidence overwhelmingly supported the defendant's conviction for escape.
Judgment affirmed.
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...as to which of these names was the appellant's true name and which of these names was his false name. Cf. Johnson v. State, 149 Ga.App. 273(1), 253 S.E.2d 889 (1979). Therefore, we find the evidence to be insufficient to support this 2. The trial court did not err in conducting the trial wi......
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...sufficient to sustain the jury's finding that [appellant] violated [OCGA § 16-10-25 beyond a reasonable doubt]." Johnson v. State, 149 Ga.App. 273, 274(1), 253 S.E.2d 889 (1979). See also Mallory v. State, 164 Ga.App. 569, 570(4), 298 S.E.2d 290 (1982). Compare Preston v. State, 257 Ga. 42,......