Lawson v. State
| Decision Date | 28 July 1994 |
| Docket Number | No. A94A1279,A94A1279 |
| Citation | 448 S.E.2d 14,214 Ga.App. 464 |
| Parties | LAWSON v. The STATE. |
| Court | Georgia Court of Appeals |
C. Jackson Burch, for appellant.
Spencer Lawton, Jr., Dist. Atty., June E. Fogle, Asst. Dist. Atty., for appellee.
Following a trial by jury, the appellant, Larry Eugene Lawson, was convicted of three counts of possession of a firearm during the commission of a crime, two counts of armed robbery, and one count each of kidnapping and burglary. Lawson was acquitted of theft by taking a motor vehicle and possession of a firearm during the commission of this theft. His motion for new trial was subsequently denied by the trial court and this appeal followed. On appeal, Lawson challenges the sufficiency of the evidence to support his convictions and the trial court's failure to charge the jury as specifically requested.
The evidence viewed in the light most favorable to the jury's verdict shows that at approximately 6:30 on the evening of May 31, 1992, the two victims, Malachi Cannon and Steven Carter, were on a street adjacent to Cannon's home washing Cannon's automobile when they were approached by three men, one of whom was armed with a sawed-off shotgun. Lawson, who was identified at trial and in a prior photographic array as the individual wielding the shotgun, demanded that the men provide him with money and jewelry and subsequently directed the men into Cannon's garage. Thereafter, the men again demanded the victims' money and jewelry. Cannon gave the men two rings and a watch while Carter placed four dollar bills and eighteen cents on the floor. One of the assailants proceeded inside the house in search of the requested items and Lawson threatened to kill the victims if any money or jewelry was found inside the residence. As Lawson pointed the shotgun at Carter's head, he threatened to kill Carter and further stated that he knew Carter's mother and that he would kill her also. Following the unsuccessful search of the home, one of the assailants hit the victims on the head with a clipboard. The men later fled after they instructed the victims to lie down on the floor.
Cannon, determined to locate the perpetrators, searched several neighborhoods for the assailants. He later saw Lawson walking down the street wearing his stolen watch after he and Carter had seen Lawson previously in this neighborhood. Cannon informed Detective Mitchell with the Savannah Police Department of Lawson's whereabouts and Cannon and a friend accompanied the detective to the location where Cannon later identified Lawson as his assailant. Lawson was subsequently detained by Detective Mitchell, informed that he was a suspect in a robbery and had been identified by one of the victims, and was taken to the police precinct for questioning. Lawson provided the detective with a fictitious name and he was wearing Cannon's watch which he tried to conceal from the police. Lawson and his mother contacted the victims, apologizing for Lawson's actions, and offering to repay them for the jewelry and money that had been taken.
Lawson and several witnesses testified at trial in support of his defense. His mother and Edith Smith, the mother of two of Lawson's friends, both testified that Cannon had expressed some uncertainty as to whether Lawson was one of the perpetrators. During his testimony, Lawson denied committing the offenses and denied informing Cannon that he had committed the offenses. He further averred that he had purchased the watch from someone on the street and had been at the home of Ms. Smith's mother at the time of the robbery. Lawson initially testified on direct examination that this was the first time he had been arrested, but on cross-examination he...
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