Wise v. State

Full title: WISE v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 24, 1980

265 S.E.2d 78 (Ga. Ct. App. 1980)

265 S.E.2d 78

Opinion

59101.

SUBMITTED JANUARY 7, 1979.

DECIDED JANUARY 24, 1980.

Armed robbery. Douglas Superior Court. Before Judge Winn.

Robert Benham, for appellant.

William A. Foster, III, District Attorney, Barbara V. Tinsley, Assistant District Attorney, for appellee.

QUILLIAN, Presiding Judge.

Defendant appeals his conviction for armed robbery. Held:

The sole enumeration is that evidence of a subsequent robbery by defendant was erroneously admitted, placing his character in issue.

Defendant's co-defendant's appeal was decided by this court in Askew v. State, 145 Ga. App. 164 ( 243 S.E.2d 334), in which the same enumeration was considered. The holding was that "[T]he evidence of the independent robbery committed on November 20, 1976 in Carroll County was admissible as it tended to show identity and common scheme or plan. Hamilton v. State, 239 Ga. 72 ( 235 S.E.2d 515)." Id. at 165. Our examination of the same transcript of evidence reveals no basis for arriving at a different result in this case.

Judgment affirmed. Shulman and Carley, JJ., concur.

QUILLIAN, Presiding Judge.

SUBMITTED JANUARY 7, 1979 — DECIDED JANUARY 24, 1980.