Story v. State
Court of Appeals of Georgia
According to the evidence for the State, the accused was guilty of robbery by force; according to his statement, he was innocent of any offense. The jury returned a verdict finding him guilty of robbery by intimidation.
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According to the evidence for the State, the accused was guilty of robbery by force; according to his statement, he was innocent of any offense. The jury returned a verdict finding him guilty of robbery by intimidation. Held, that since, in any view of the evidence, there is no fact or circumstance which would authorize the conclusion that the prosecutor was deprived of his property by intimidation or putting him in fear of injury to his person, property, or reputation, the verdict was contrary to the evidence and without evidence to support it. Indictment for robbery; from Coffee superior…
1Opinion of the CourtBussell, J.
The plaintiff in error was convicted of the offense of robbery by intimidation, and with a recommendation that he be punished as for a misdemeanor. It is very plain from the record that he could have been convicted of robbery by force, if the *645jury believed tbe prosecutor, as they had a right to do. The indictment ' charged that the robbery was committed by force and intimidation; and the accused might have been convicted of robbery by intimidation, if there had been any evidence which would have authorized the conclusion that he effected the alleged robbery by putting the prosecutor in fear…
2Cases cited5 opinions
- Long v. StateSupreme Court of Georgia · 1852
- Lampkin v. StateSupreme Court of Georgia · 1891
- Fanning v. StateSupreme Court of Georgia · 1880
- Harris v. StateCourt of Appeals of Georgia · 1907
- Jaques v. StateSupreme Court of Georgia · 1900
3Cited by6 opinions
- Tanner v. StateCourt of Appeals of Georgia · 1919
- Taylor v. StateCourt of Appeals of Georgia · 1975
- Bradham v. StateCourt of Appeals of Georgia · 1935
- Owens v. StateCourt of Appeals of Georgia · 1945
- Issac Simon v. StateCourt of Appeals of Georgia · 2014
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