GOMEZ v. STATE

29971, 29972.

234 Ga. 614 (1975)

216 S.E.2d 844

GOMEZ v. THE STATE. WHITMAN v. THE STATE.

Supreme Court of Georgia.

Submitted June 11, 1975.

Decided June 17, 1975.


Attorney(s) appearing for the Case

Harvey A. Monroe, Paul McGee, for appellants.

William H. Ison, District Attorney, Douglas N. Peters, Assistant District Attorney, Arthur K. Bolton, Attorney General, Kirby G. Atkinson, for appellee.


NICHOLS, Chief Justice.

The defendants were jointly indicted, tried and convicted of armed robbery. Each was sentenced to six years in the penitentiary. Separate appeals were filed but each defendant filed identical enumerations of error.

1. The first enumeration of error in each appeal complains that there was a fatal variance in the allegata and the probata. The second enumeration of error alleges that the evidence was insufficient to show that the lawful...

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