Cody v. State

Banke, Judge.

The appellants and a third co-defendant were jointly indicted and tried for the armed robbery of a clerk at a country store in Waverly Hall, Georgia. The original trial resulted in a mistrial as to the appellants, although the other co-defendant was convicted. A second trial of the appellants resulted in their conviction as well.

The victim testified that three armed and masked assailants entered the store, bound him with telephone cord, and left, taking a shotgun, a .32-caliber pistol, a .38-caliber pistol, the cash register, and an unspecified quantity of cigarettes. A woman…