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HOOD v. THE STATE.
27172.
HAWES, Justice.
Armed robbery. Fulton Superior Court. Before Judge Tanksley.
Hood was convicted of the offense of armed robbery and sentenced to 12 years' imprisonment. He made a motion for a new trial, which, as amended, was overruled, and he appealed. In this court he complains only of the overruling of his motion to suppress evidence and of the overruling of the general grounds of his motion for a new trial.
2. With respect to the sufficiency of the evidence to authorize the conviction, it is sufficient to say that there is no merit in appellant's contention in this regard. He contends that his conviction was based wholly on circumstantial evidence, but this is not true. Witnesses positively identified the appellant as one of those present at the scene of the robbery with which he was charged. Though the witnesses did not see a gun in his possession, the evidence shows that he stood inside the front of the store being robbed with his hands in his pockets and waited until the other participants had departed, when he thereupon turned and left the store and after walking a short distance broke into a run, following generally the route taken by the other perpetrators of the robbery. This was direct evidence of his participation in the robbery as a lookout, and was clearly sufficient to authorize the jury to convict him when those facts are taken together with the other proven facts. The evidence authorized the verdict, and no error of law appearing, the trial court did not err in overruling appellant's motion for a new trial.
Lewis R. Slaton, District Attorney, Joel M. Feldman, Carter Goode, Richard E. Hicks, James H. Mobley, Jr., Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, William F. Bartee, Jr., Assistant Attorneys General, for appellee.
Glenn Zell, for appellant.
SUBMITTED MAY 9, 1972 -- DECIDED SEPTEMBER 8, 1972.
Friday May 22 14:46 EDT


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