Seabolt v. State, 29889
| Decision Date | 06 May 1975 |
| Docket Number | No. 29889,29889 |
| Citation | 234 Ga. 356,216 S.E.2d 110 |
| Parties | Johnny SEABOLT v. The STATE. |
| Court | Georgia Supreme Court |
Wynn Pelham, Lawrenceville, for appellant.
Bryant Huff, Dist. Atty., Dawson Jackson, Asst. Dist. Atty., Lawrenceville, Arthur K. Bolton, Atty. Gen., Lois F. Oakley, Deputy Asst. Atty. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
Appellant was convicted and sentenced for armed robbery. He appeals the denial of his motion for directed verdict and the denial of his motion for new trial on the general grounds. Held:
1. The ground of the motion for directed verdict is fatal variance. Appellant contends he was indicted for armed robbery of 'forty-five dollars ($45.00) in U.S. currently' and the state failed to prove the money taken was U.S. currency. The victim testified that appellant took his wallet from his pocket which, among other items, contained forty-five dollars.
As stated in DePalma v. State, 225 Ga. 465, 469, 169 S.E.2d 801, 805, Appellant here was not subjected to either of these dangers and we find no error. See Bell v. State, 227 Ga. 800, 802, 183 S.E.2d 357.
2. The evidence was sufficient to support the verdict. The victim testified he had known the appellant for many years; that the appellant took his (the victim's) wallet from his pocket while an accomplice 'threw' a gun on him and threatened to shoot him if he did not hand over his money.
Judgment affirmed.
All the Justices concur.
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