Slater v. State
Slater v. State
Opinion of the Court
We have set out the evidence somewhat in detail. We do this for the reason that the only contention on behalf of the defendant is that the evidence does not authorize the verdict of attempt to rob. Several cases are cited by counsel for the defendant to sustain this contention. The State likewise cites a number of cases to sustain the contrary view that the evidence is sufficient to sustain the verdict. Hence, the question before us for decision is
The State cites the Code, §§ 27-2303, 27-2507; Foster v. State, 70 Ga. App. 305 (28 S. E. 2d, 81); Green v. State, 70 Ga. App. 103 (27 S. E. 2d, 567); Alexander v. State, 66 Ga. App. 708 (19 S. E. 2d, 353); Hammond v. State, 47 Ga. App. 795 (171 S. E. 559); DeKrasner v. State, 54 Ga. App. 41 (187 S. E. 402); Long v. State, 12 Ga. 293.
In addition, a number of foreign decisions have been called to our attention, which we will not here note. Briefly, it is the contention of counsel for the defendant that the evidence at best discloses, if anything, only preparation to commit a crime, and that it nowhere evidences an overt act toward the offense of attempt to rob. With this view we can not agree. As we see it, the record is replete with overt acts, from which the jury were well authorized to find that the defendant intended to take the prosecutor’s car by intimidation at least, and if need be perhaps by actual force. '
We think that the jury were authorized: (a) to find that Smith was compelled by the remarks and the conduct of the defendant to drive Smith’s car toward a convenient place where the defendant could take it; (b) that he was intercepted and prevented by Smith from carrying this intention into effect; (c) that the defendant expressed this as his purpose, notwithstanding that he stated that he would return the car unharmed; (d) that the defendant’s contention that he knew nothing about what happened was a ruse and an afterthought, for (1) the officer said he was normal; (2) and shortly after being placed under arrest he remembered to have his
The evidence is fully sufficient to sustain the jury’s finding.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.