FOSTER v. STATE

60527.

156 Ga. App. 672 (1980)

275 S.E.2d 745

FOSTER v. THE STATE.

Court of Appeals of Georgia.

Decided December 3, 1980.


Attorney(s) appearing for the Case

Vernon S. Pitts, Jr., for appellant.

Lewis R. Slaton, District Attorney, Benjamin H. Oehlert III, Joseph J. Drolet, A. Thomas Jones, Assistant District Attorneys, for appellee.


BANKE, Judge.

The appellant was indicted for armed robbery and was convicted of robbery by intimidation as a lesser included offense. Three eyewitnesses testified against him: the victim and two bystanders. Neither of the bystanders had been asked to identify the appellant during the four months between the date of the offense and the date of trial, despite the fact that the appellant was in custody for three of those months. However, shortly before the trial commenced...

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