Wade v. State, 56356
| Citation | 249 S.E.2d 323,147 Ga.App. 511 |
| Decision Date | 12 October 1978 |
| Docket Number | No. 56356,56356 |
| Parties | WADE v. The STATE. |
| Court | United States Court of Appeals (Georgia) |
John W. Timmons, Jr., Athens, for appellant.
Jeff C. Wayne, Dist. Atty., for appellee.
Harold Wade appeals his conviction by a jury for robbery by sudden snatching.
1. It was not error for the trial court to charge the jury that they could convict the defendant if they believed beyond a reasonable doubt that "at any time within four years prior to the date of the finding and returning of this bill of indictment . . ." The date alleged is not material and "(t)he rule is generally that time is not of the essence, and that on a general presentment there may be a conviction of the offense charged within the period of the statute of limitation . . ." Bloodworth v. State, 128 Ga.App. 657, 658, 197 S.E.2d 423 (1973).
2. The trial court's charge to the jury that they were the sole judges as to the credibility of the witnesses, the sole judges of the weight of the evidence, and the sole judges of the guilt or innocence of the prisoner does not amount to an impermissible comment on the defendant's silence; such an instruction merely explains the jury's function.
3. There was ample evidence to support the conviction.
Judgment affirmed.
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...a material element of the offense, the State may prove the offense as of any date within the statute of limitation. 1 Wade v. State, 147 Ga.App. 511, 249 S.E.2d 323 (1978); Decker v. State, 139 Ga.App. 707, 229 S.E.2d 520 (1976); Jefferson v. State, 136 Ga.App. 63, 220 S.E.2d 71 (1975). Whi......
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Lynn v. State, A01A0971.
...205 Ga.App. 576, 577(1), 423 S.E.2d 411 (1992); Robinson v. State, 164 Ga.App. 652, 657(6), 297 S.E.2d 751 (1982); Wade v. State, 147 Ga.App. 511(2), 249 S.E.2d 323 (1978). 9. Clarke v. State, 241 Ga.App. 186, 191(2), 526 S.E.2d 395 (1999); McGee v. State, 205 Ga.App. 722, 723(4), 423 S.E.2......
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Davis v. State, 61825
...alleged in the indictment was not averred to be material, the trial court was not required to give such a charge. Wade v. State, 147 Ga.App. 511, 249 S.E.2d 323 (1978). Appellant's argument that his evidence of alibi mandated such a charge is likewise without merit. He was not prejudiced in......
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Arnold v. State, 66478
...a material element of the offense, the state may prove the offense as of any date within the statute of limitation. Wade v. State, 147 Ga.App. 511, 249 S.E.2d 323 (1978); Jefferson v. State, 136 Ga.App. 63, 220 S.E.2d 71 (1975); Decker v. State, 139 Ga.App. 707, 229 S.E.2d 520 (1976). In th......