Young v. State

• Decision Date: 23 April 1974
• Docket Number: No. 28803,28803
• Citation: Young v. State, 205 S.E.2d 307, 232 Ga. 176 (Ga. 1974)
• Parties: Mark YOUNG, Jr. v. The STATE.
• Court: Georgia Supreme Court

Page 307

205 S.E.2d 307

232 Ga. 176

Mark YOUNG, Jr. v. The STATE.

No. 28803.

Supreme Court of Georgia.

April 23, 1974.

John R. Calhoun, Savannah, for appellant.

Andrew J. Ryan, Jr., Dist. Atty., Savannah, for appellee.

JORDAN, Justice.

On January 8, 1973, a jury in Chatham County found the appellant guilty of armed robbery and aggravated assault. A motion for new trial on the general grounds was overruled on December 19, 1973, from which this appeal is taken.

The record shows that on May 24, 1972, at approximately 10:00 a.m. a black male entered a convenience store in Savannah, Georgia brandishing a nickel-plated revolver and demanding that the store operator give him all the money in the register. Upon the operator's inquiry as to the seriousness of his request, he quickly replied 'Lady, you want to get shot.' Subsequent to the demand for the money an elderly gentleman, one Henry Lamar, entered the establishment and was advised by the desperado that he should 'hold it.' Mr. Lamar complied with the request, but to no avail since the bandit shot him in the leg. The robber then hastily fled from the store bearing the fruits of his endeavor, twenty-six dollars.

The store operator immediately informed the authorities by telephone as to what had transpired, and they arrived at the scene without delany. The suspect was described to the police as a short, slender, black male wearing dark slacks, a grey 'skinny knit' sweater pulled over his nose, and a 'dark blue floppy hat.'

The police, after obtaining the description, began cruising the area in search of the bandit. A suspect was spotted some six blocks from the victimized establishment fitting the description given by the store operator. The suspect was advised that he should not attempt to flee, but he disregarded this advice and with 'blue floppy hat' in hand he attempted to avoid capture. A long chase ensued with the suspect finally being cornered under a house. During the chase the suspect at one time drew a nickel-plated revolver from the folds of his apparel. The pistol was subsequently discarded on the ground after a warning shot by the gendarme. When inspected after his apprehension it was found that the suspect fit the description given the police except that he was not wearing the long-sleeved 'skinny knit,' and he carried only eighteen dollars. There was evidence concerning the pistol that, although it had not been fired in the presence of the police, one round had been discharged...