Thomas v. State, 26409.

• Decision Date: 09 September 1937
• Docket Number: No. 26409.,26409.
• Citation: 192 S.E. 659,56 Ga.App. 381
• Court: Georgia Court of Appeals
• Parties: THOMAS. v. STATE.

56 Ga.App. 381

192 S.E. 659

THOMAS.

v.STATE.

No. 26409.

Court of Appeals of Georgia, Division No. 1.

Sept. 9, 1937.

Syllabus by Editorial Staff.

Error from Superior Court, Bibb County; W. A. McClellan, Judge.

Versell Thomas was convicted of robbery, and he brings error.

Affirmed.

Statement of facts by MacINTYRE, Judge.

The defendant was convicted of robbery, and error was assigned on the general grounds and on the special grounds that the judge erred in charging the jury on the law of conspiracy, as there was no evidence of a conspiracy. The prosecutor, Dan Williams, testified: "I was coming from church that Sunday night, and I came by this store, and Versell [the defendant] stopped me for a conversation. He says 'Hello, how are you getting along?' and I says, 'Very well, ' and he says, 'I have not seen you in a long time, ' and about that time Winifred Moore came out of Jordan Wesley's beer parlor and walked off, and Versell says, 'Do you know that fellow, ' and I says, 'No, I thought you knowed him', and he says, 'No, I don't know him, ' and Moore walked down the street towards Broadway and turned around and came back, and he threw the pistol on me, and him and Versell marched me down by the oil mill after he put the pistol in my side, and Moore and Versell marched me right on down by the Gulf place, and when they got me down there this fellow Moore says, 'Stick em up, ' and he took my watch and Versell took my money, $1.35, and my knife. My money was in quarters and a half and nickels and dimes. My watch was a 21-jewel Elgin watch Simmons chain. * * * After they took my watch and money this man Moore says, 'Keep your step and don't look back.' Moore is the one that had the pistol on me. Versell took my money and my knife out of my pockets. It was a two-blade black-handle knife. They took these things just about a block from the corner of Elbert and Church Streets--in a block of the old Bobo store inside the City of Macon. It was in Bibb County, Georgia. * * * I knew Versell that night he robbed me. After the robbery I went up there to the office, and a man called the law for me, but it never did come, and I went on home. There was no light at the place where they robbed me. They carried me between the Gulf and oil mill on that track there, which is on the Waterville road." The State also proved, by a witness named J. C. Walker, that on the next morning the defendant, Versell Thomas, had the prosecutor's watch and a Simmons chain, with a string on the end of it, and was offering them for sale at a place in the city of Macon about where the robbery happenedthe. night before. The State also-proved that Winifred Moore had pleaded guilty as principal in the first degree to the same robbery charged against Versell Thomas.

The defendant denied any participation in the robbery and any knowledge of its commission, except what he claimed to have heard...