Ferguson v. State

McMurray, Presiding Judge.

Defendant was charged in an indictment with a single count of armed robbery, in that, with the intent to commit theft, he “took from the person of Eric S. Wiley ... a certain motor vehicle, a 1987 Chevrolet Blazer,... by use of a handgun. . . .” The evidence adduced at his jury trial revealed that about “[t]en minutes ‘til twelve,” on the evening of April 14, 1994, the victim, Eric S. Wiley, Jr., drove his “[19]87 S-10 Blazer” to the drive-through window at the Burger King on “Highway 85 and 138, Clayton County,” in Riverdale, Georgia. As the victim “was sitting…