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128 Ga. App. 817

198 S.E.2d 364

Holiday v. State

Court of Appeals of Georgia

Decided April 17, 1973

Court of Appeals of Georgia · decided 1973-04-17

Relies on Dutton v. State · 124 Ga. App. 469 - Green v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1973-04-17

How this case has been cited

Cited by 15 later decisions — most recently November 2014

15 state decisions

6019731980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hall, Presiding Judge.

¶1 Defendant appeals from his conviction (intent to rob and with a deadly weapon) and from the denial of his motion for a new trial.

¶2 Defendant raises only one issue — the sufficiency of the evidence. He contends that the evidence demands a finding that he was not armed and therefore an essential element of the crime was not shown. However, the evidence did show that the defendant participated in the attempted robbery even though his brother had actual possession of the shotgun. The defendant could therefore be convicted for the commission of the crime as a party under Code Ann. § 26-801. See also Dutton v. State, 228 Ga. 850 (188 SE2d 794); Green v. State, 124 Ga. App. 469 (184 SE2d 194).

¶3 Judgment affirmed.

Evans and Clark, JJ., concur.
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