Tims v. State

McMurray, Presiding Judge.

Defendant was convicted of the offenses of kidnapping and armed robbery committed in Fulton County, Georgia. His motion for new trial was denied, and he appeals.

This case rests basically upon the eyewitness identification by the victim. The defendant claims that the victim was mistaken about her assailant’s identity and presented witnesses to support his contention. However, the state presented to the jury both the defendant and the man whom defendant claims to be the perpetrator. The victim was then asked to tell the jury which of these two men kidnapped, robbed and…