Campbell v. State , 237 Ga. 76 ( 1976 )


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  • Per Curiam.

    Phillip Eugene Campbell appeals his conviction for armed robbery. For the appeal of his co-defendant James Valenzule, alias Richard George Jung, see Jung v. State, 237 Ga. 73 (1976).

    1. Considering the totality of the circumstances, the in-court identification of this defendant by the victim was not rendered inadmissible by the pre-trial identification procedure. Heyward v. State, 236 Ga. 526 (1976). It follows that the evidence supports the verdict.

    *77Argued May 10, 1976 Decided June 9, 1976. Grogan, Jones, Lay field & Swearingen, John C. Swearingen, Jr., for appellant. E. Mullins Whisnant, District Attorney, William J. Smith, Assistant District Attorney, Arthur K. Bolton, Attorney General, Harrison Kohler, Assistant Attorney General, for appellee.

    2. Where a robbery victim testifies at one point that the robbery occurred at her home and testifies at another point that her home is in a certain county, venue is shown. It is not necessary for the state to prove that the victim did not have more than one home. If venue is an issue in the case, the victim may be cross examined upon this subject.

    3. The transcript shows that during the course of the trial the trial judge made certain remarks and inquiries in ruling on objections to evidence, in questioning counsel as to the purpose of questions and as to whether they had objections to the admission of physical evidence, and in announcing that certain objections would be deemed to be continuing objections. We have examined the transcript and find no violation of Code Ann. § 81-1104.

    4. The charge of the court as to reconciling conflicts in the evidence was not error. Gordy v. State, 236 Ga. 723 (225 SE2d 287) (1976).

    Judgment affirmed.

    All the Justices concur.

Document Info

Docket Number: 31040

Citation Numbers: 226 S.E.2d 601, 237 Ga. 76, 1976 Ga. LEXIS 1156

Judges: Hill

Filed Date: 6/9/1976

Precedential Status: Precedential

Modified Date: 10/19/2024