Peoples v. State
| Decision Date | 02 October 1987 |
| Docket Number | No. 74949,74949 |
| Citation | 361 S.E.2d 848,184 Ga.App. 439 |
| Parties | PEOPLES et al. v. The STATE. |
| Court | Georgia Court of Appeals |
Jerry Boykin, for appellants.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Benjamin H. Oehlert III, Henry M. Newkirk, Asst. Dist. Attys., for appellee.
Appellants were co-indicted for armed robbery. They were jointly tried before a jury and found guilty. Appellants appeal from the judgments of convictions and sentences entered on the guilty verdicts.
1. Appellants enumerate the general grounds. The indictment alleged, in relevant part, that appellants "did unlawfully, with the intent to commit theft, take from the person and immediate presence of [the victim] the following property, to wit: fifty dollars in money, ... by intimidation and by use of a pistol; the same being an offensive weapon...." At trial, the victim testified that, prior to the robbery, there was $50 in his wallet and that his wallet was in his pocket. Having been knocked unconscious during the course of the robbery, the victim was unable to give direct testimony that appellants had removed his wallet from his pocket. However, the victim did testify that his wallet and some of its contents were found on the ground where the robbery had taken place. An eyewitness to the robbery testified that appellants had pulled an unidentifiable object out of the victim's pocket. This was sufficient evidence to authorize a finding that appellants had unlawfully taken the victim's wallet and the $50 that it contained. To authorize a conviction under the indictment, the State was not required to prove that appellants had ever removed the $50 from the victim's wallet. Glidewell v. State, 169 Ga.App. 858, 859(1), 314 S.E.2d 924 (1984). James v. State, 232 Ga. 834, 835, 209 S.E.2d 176 (1974). After reviewing the evidence in the light most favorable to the verdict, we find that the State produced sufficient evidence from which a rational trior of fact could find proof of appellants' guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. During the cross-examination of Peoples, he was asked a question which he contends placed his character into issue. However, appellant's counsel made no objection to the question and appellant answered it. Not until appellant's cross-examination was completed did his counsel move for a mistrial, contending that...
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