AUSTIN v. STATE

70033.

174 Ga. App. 127 (1985)

329 S.E.2d 233

AUSTIN v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied March 22, 1985.


Attorney(s) appearing for the Case

Lillian L. Neal, for appellant.

E. Byron Smith, District Attorney, Tommy K. Floyd, Assistant District Attorney, for appellee.


BANKE, Chief Judge.

The appellant was convicted of the armed robbery of a convenience store clerk in McDonough, Georgia. At trial, he was positively identified by the clerk and by a customer who had been present in the store when the robbery took place. Both of these witnesses had previously identified the appellant from a pre-trial photographic lineup. The appellant's defense was alibi. Held:

1. The weight of the evidence and credibility of witnesses...

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