Robinson v. State

Full title: ROBINSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 16, 1992

414 S.E.2d 749 (Ga. Ct. App. 1992)

414 S.E.2d 749

Opinion

A90A1845.

DECIDED JANUARY 16, 1992.

Armed robbery. Fulton Superior Court. Before Judge Sears-Collins.

Kenneth D. Kondritzer, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Assistant District Attorney, for appellee.

CARLEY, Presiding Judge.

In Robinson v. State, 199 Ga. App. 368 ( 405 S.E.2d 101) (1991), we affirmed appellant's conviction and sentence, finding no reversible error in the trial court's refusal to give a requested charge on the law of circumstantial evidence. On certiorari, however, the Supreme Court reversed: "We think the better rule than that set out by Horne [v. State, 93 Ga. App. 345, 346 (4) ( 91 S.E.2d 824) (1956)] and Terrell [v. State, 258 Ga. 722, 724 (3) ( 373 S.E.2d 751) (1988)] is that where the [S]tate's case depends, in whole or in part, on circumstantial evidence, a charge on the law of circumstantial evidence must be given on request. This rule will apply whether or not the jury is authorized to find that the direct evidence presented by witness testimony has been impeached." Robinson v. State, 261 Ga. 698, 699-700 ( 410 S.E.2d 116) (1991).

Accordingly, our original judgment is vacated, the judgment of the Supreme Court is hereby made the judgment of this Court, and the judgment of the trial court is reversed.

Judgment reversed. Sognier, C. J., McMurray, P. J., Birdsong, P. J., Pope, Beasley, Cooper, Andrews, JJ., and Judge Arnold Shulman concur.

DECIDED JANUARY 16, 1992.