Byrd v. State

Birdsong, Presiding Judge.

Richard Byrd appeals his judgment of conviction of one count of armed robbery; the indictment for this count averred, inter alia, that appellant and several co-indictees, acting together as parties to the crime, did take certain property from the immediate presence of the named victim, by use of a revolver. Held:

1. To support the verdict, circumstantial evidence must only exclude reasonable hypotheses; it need not exclude every inference or hypothesis except that of the defendant’s guilt. Smith v. State, 257 Ga. 381, 382 (359 SE2d 662). A determination whether other…