Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MYDELL v. THE STATE.

UNDERCOFLER, Presiding Justice.

Appellant was convicted of armed robbery of a fast food store and sentenced to life imprisonment. He appeals.

1. The evidence supports the verdict. The cashier made a positive untainted identification of appellant. The manager positively identified appellant as being in the store immediately preceding the robbery. Although the stolen money was not recovered the corpus delicti was proved.

2. Life imprisonment is a statutory penalty for armed robbery and is not cruel and inhuman punishment. Appellant's contention that his sentence is excessive may be presented to the sentence review board as provided in Code Ann. § 27-2511.1.

3. The alleged disqualification of a grand juror should have been raised before the indictment was returned. Parris v. State, 125 Ga. 777 (4) ( 54 S.E. 751) (1906).

Judgment affirmed. All the Justices concur, except Gunter, Ingram and Hill, JJ., who concur in the judgment only.

UNDERCOFLER, Presiding Justice.

SUBMITTED FEBRUARY 15, 1977 — DECIDED MARCH 2, 1977.
Use AI to get other relevant cases.

Comments

MYDELL v. STATE
(Mar 2, 1977)