Ellis v. State

Pope, Chief Judge.

Defendant, Christopher K. Ellis, was convicted by a jury of armed robbery, aggravated assault, theft by taking and two counts of possession of a firearm during the commission of a crime. Defendant appeals his conviction and the denial of his motion for a new trial.

On August 23, 1993, Applebee’s Restaurant in Rome, Georgia, was robbed by two masked men. The robbery took place between 11:30 p.m. and 11:45 p.m., approximately the same time the restaurant’s employees began cleaning up the kitchen. Just prior to the robbery, one of the employees, James Oszust, went out the back…