Smith v. State

Banke, Judge.

On appeal from his conviction for armed robbery, the appellant contends that the trial court erred in denying his motion to suppress evidence seized from the automobile which he was driving at the time of his arrest.

The victim testified that he was robbed by two men armed with sawed-off shotguns at about 2:30 a.m. on March 16,1981, as he was finishing some cleaning work at the Western Steer restaurant located just outside of Snellville on Highway 78 in Gwinnett County. He reported the robbery to the police immediately, describing his assailants as two black males dressed in dark…