Fleming v. State

Banke, Judge.

The defendant was convicted of armed robbery and acquitted of aggravated assault in the same trial. Held:

1. In his first enumeration of error the defendant contends the evidence was insufficient to support the verdict. Defendant offers case authority supporting the proposition that mere presence at the scene of the crime is not sufficient for conviction. Holland v. State, 146 Ga. App. 876 (247 SE2d 520) (1978); Johnson v. State, 126 Ga. App. 277 (190 SE2d 594) (1972). We agree; and this court has often held that mere presence even coupled with flight from authority, without more,…