Clay v. State

Nichols, Chief Justice.

The appellant was tried and convicted of armed robbery and sentenced to fifteen years, twelve years to serve and three years probated. This is the second appearance in this case. See Clay v. State, 236 Ga. 398 (224 SE2d 14) (1976), where this court reversed the former conviction for failure to give a requested charge that no presumption should attach to defendant’s failure to testify.

1. Upon retrial, the victim of the robbery, who was the night manager of the store, could not be located, and his testimony from the former trial was read into the record. The appellant…