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145 Ga. App. 32

Shorts v. State

Court of Appeals of Georgia

Decided February 24, 1978

Court of Appeals of Georgia · decided 1978-02-24

Cited by 1 later decisions — most recently January 1979

1 state decisions

Relies on Yancey v. State · 135 Ga. App. 549 - Daniels v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-02-24

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Webb, Judge.

¶1Shorts appeals his conviction for robbery, charging that the verdict was not supported by the evidence, and assigning error on the admission, over objection, of a photograph of him which he asserts was picked out as the result of impermissibly suggestive procedures which tainted the subsequent in-court identification. We affirm.

¶21. The evidence was sufficient to show that the photographic line-up was not impermissibly suggestive. Daniels v. State, 135 Ga. App. 549 (218 SE2d 274) (1975). Additionally, the trial court was warranted in accepting the victim’s in-court identification as based upon his encounter with the accused rather than the photographic line-up. Yancey v. State, 232 Ga. 167 (205 SE2d 282) (1974).

¶32. The evidence amply supported the verdict.

¶4Judgment affirmed.

Quillian, P. J., and McMurray, J., concur.
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