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MOORE v. THE STATE.
64876.
SHULMAN, Chief Judge.
Armed robbery, etc. Fulton Superior Court. Before Judge Williams.
Appellant was tried and convicted, along with his accomplice, of four counts of armed robbery and one count of aggravated sodomy. The convictions arose from two robberies of the Spring Street Package Store in Atlanta. The first robbery, which led to three counts of armed robbery, occurred on October 29, 1981, and involved the owner of the store, his wife, and two customers. The second robbery, which led to one count of armed robbery and one count of aggravated sodomy, occurred on November 9, 1981, and involved the store owner and an employee. Appellant enumerates on appeal three grounds of error.
1. The first enumeration of error challenges the trial court's admission of testimony of appellant's arresting officer regarding the circumstances of appellant's arrest on November 25, 1981. The arrest was made while appellant and his accomplice allegedly were in the process of perpetrating a residential robbery. Appellant contends that this testimony constituted inadmissible evidence of an independent, unrelated crime. However, "[i]t is well settled that all of the circumstances connected with an accused's arrest, including any items taken from his person, are admissible as evidence at trial, even those that establish the commission of another criminal offense." Reese v. State, 145 Ga. App. 453 (4) (243 SE2d 650). This enumeration is, accordingly, without merit.
3. Appellant's final enumeration of error addresses the trial court's denial of his motion for a directed verdict of acquittal. The motion was based on alleged insufficiency of evidence and inconsistencies in witnesses' testimony. A review of the trial transcript reveals ample evidence from which any rational trier of fact could conclude beyond any reasonable doubt that appellant was guilty of all offenses charged. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560). It is not for this court to weigh the evidence presented, and a directed verdict of acquittal should be granted only where there is no conflict in the evidence and the verdict of acquittal is mandated as a matter of law. Paulk v. State, 161 Ga. App. 89 (289 SE2d 257). It was not error to deny appellant's motion for directed verdict of acquittal.
Lewis R. Slaton, District Attorney, Joseph J. Drolet, H. Allen Moye, Wendy Shoob, Assistant District Attorneys, for appellee.
Robert M. Coker, for appellant.
DECIDED JANUARY 6, 1983.
Thursday May 21 20:32 EDT


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