Moulder v. The State., 207 Ga. App. 335, 427 S.E.2d 793 (1993)
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Summary
Judgment affirmed. Pope, C. J., and Johnson, J., concur.
Summary
Judgment affirmed. Pope, C. J., and Johnson, J., concur.
Text
William L. Reilly, for appellant.
Appellant was tried before a jury and found guilty of armed robbery. He appeals from the judgment of conviction and sentence entered by the trial court on the jury's guilty verdict.
1. At trial, the victim identified appellant as one of the two men who had robbed her at gunpoint. The State also adduced circumstantial evidence of appellant's identity as one of the perpetrators. It follows that appellant's enumeration of the general grounds is without merit. The evidence was sufficient to authorize any rational trior of fact to find proof of appellant's guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
2. Relying upon the original transcript, appellant enumerates the trial court's charge on circumstantial evidence as error. Pursuant to the trial court's directive, however, a corrected transcript has been filed. See Cagle v. Atchley,
3. Appellant moved to suppress evidence which was found in a post-arrest inventory of his automobile. The denial of this motion is enumerated as error.
At the time of his arrest, appellant was living on leased premises in a remote location in the mountains. The mere fact that appellant's automobile was parked on the leased premises would not demand the grant of the motion to suppress and, considering the testimony as to remoteness of the area and the absence of any safeguards, the trial court was clearly authorized to find that " '[t]he officers' action in immediately taking custody of the car [was] the prudent thing to do.' [Cit.]" Mooney v. State,
4. Appellant enumerates as error the admission into evidence of a "mugshot" which had been taken of him in 1982, some six years prior to his alleged commission of the instant armed robbery.
Appellant's identity as the perpetrator of the offense was at issue. Accordingly, his appearance at the time of the offense was obviously a relevant inquiry. Before admitting the photograph, the trial court heard testimony from a witness who identified it as an accurate depiction of appellant's appearance at the time of the armed robbery, with the exception that appellant's hair "may not have been quite that long. . . ." See Bradshaw v. State,
5. There is no violation of Brady v. Maryland, 373 U. S. 83 (83 SC 1194, 10 LE2d 215) (1963) where, as here, allegedly exculpatory evidence was disclosed during the trial. Whatley v. State,
6. Evidence regarding the circumstances of appellant's arrest was admissible, "even though it may incidentally show the commission of another crime. [Cits.]" McFadden v. State,
7. The remaining enumeration of error concerns the trial court's exclusion of certain evidence as irrelevant to the issue of appellant's identity as one of the perpetrators. This enumeration has been considered and found to be without merit.
Roger Queen, District Attorney, J. Roger Thompson, Assistant District Attorney, for appellee.
1993
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