King v. State
| Decision Date | 23 May 1994 |
| Docket Number | No. A94A0626,A94A0626 |
| Parties | KING v. The STATE. |
| Court | Georgia Court of Appeals |
Glenn B. Icard, Jr., Jonesboro, for appellant.
Robert E. Keller, Dist. Atty., Gina C. Naugle, Asst. Dist. Atty., for appellee.
Defendant Ralph Lee King, a/k/a Gregory Leonard Bately, was indicted for two counts of aggravated assault in that, along with two co-indictees, he did "make an assault upon the person of" the victim "with the intent to rob" her. After the jury found him guilty as charged on Count 1, an order of nolle prosequi was entered as to the second count. Defendant brings this timely direct appeal from the judgment of conviction and sentence entered on the jury's verdict. In his sole enumeration of error, defendant urges the general grounds.
" Williams v. State, 208 Ga.App. 12, 13, 430 S.E.2d 157. The following evidence was adduced at trial: The victim was the night attendant at a convenience store in Clayton County, Georgia. She identified defendant as one of two males that she had noticed lingering in the store for more than twenty minutes around 11:30 p.m. on the night of the incident. She was certain of her identification of defendant because of his noticeably maloccluded or missing teeth. She observed that defendant and a freckled-faced companion, subsequently identified as co-indictee Charlie Lewis Beasley, were shoplifting in the area of the store where cigarettes and automotive supplies were displayed. She heard a heavy metal against metal "clink" from that area of the store as defendant reached into coolers where cans of beer and soda were stored. When both men subsequently approached the counter, defendant was masking his hand with a newspaper and she feared that he was hiding a gun. As the store would empty of other customers, "he'd put his hand back in there, put the paper back like this, and come towards me." The victim "was frightened beyond belief." Beasley, the defendant's companion, sought to distract her by asking the victim to turn around and hand him a requested item that the victim knew was not displayed behind her. Beasley left the store when the victim refused to respond to him. Defendant "just went on stuffing things in his pockets." He walked past the checkout counter as if to leave, then paused and said to the victim "I want your rings and I want the cash out of both your drawers." The victim tried unsuccessfully to remove her rings. As she tried to get the cash drawers open, and defendant left. On cross-examination, the victim agreed that she "never saw an entire gun" but saw what she "thought was the barrel of something silver or metallic" as the defendant "was standing in front of my counter." No gun was ever discovered. After his arrest that evening, defendant was returned to the convenience store, where the victim identified him. She also identified the cigarettes as coming from her store by scanning the bar code on her cash register. According to the victim, these cigarette cartons were part of a special promotion and only those cartons designated for her location would scan on her register. Defendant took the stand, admitting that he had been in the store that night. He denied attempting to rob the victim by demanding her rings and denied that he demanded the cash from the registers, testifying that "the only thing I did was read...
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