Georgia Court of Appeals, 1977

D. L. W. v. State

Georgia Court of Appeals · Decided September 19, 1977 · Webb

143 Ga. App. 270; 238 S.E.2d 269; 1977 Ga. App. LEXIS 2283

Opinion of the Court

Webb, Judge.

This is an appeal from an order of commitment in the Juvenile Court of Cobb County resulting from a charge of criminal attempt to commit robbery. The sole enumeration of error is that the court erred in overruling the motion for directed verdict of acquittal.

"[I]n reviewing the overruling of a motion for *271directed verdict of acquittal we will utilize the standard used in reviewing the overruling of a motion for new trial on the ground that the verdict is contrary to the evidence; i.e., the 'any evidence’ test.” Bethay v. State, 235 Ga. 371, 375 (219 SE2d 743) (1975).

Submitted September 6, 1977 Decided September 19, 1977. Dupree & Staples, Barry Staples, for appellant. James F. Morris, Solicitor, for appellee.

The evidence was sufficient to support the finding of delinquency and the commitment to the Division of Children & Youth, and accordingly the judgment is affirmed.

Judgment affirmed.

Deen, P. J., and Birdsong, J., concur.

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