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NICHOLS, Presiding Justice.
Armed robbery. DeKalb Superior Court. Before Judge Allen.
The defendant was indicted upon two counts of armed robbery. A jury trial was waived and the case was heard by the court. He was found guilty and sentenced to two twenty-year sentences to run concurrently. The motion for new trial was overruled and the present appeal filed.
1. The evidence showed without conflict that the defendant entered the Outpost Package Store, Inc. located in DeKalb County, Georgia, placed a gun against the stomach of the manager, forced him to go to the back room of the store where he took money belonging to the store, placed it in a bag and placed the bag inside his belt. He then tied the manager's hands, started out the door but returned to get the manager's car keys; he then removed the manager's billfold from his pocket only to have the owner of the store, who entered the front of the building, realize the situation and obtain a pistol with which he effectively blocked the defendant's exit. The defendant was captured at the scene where he was turned over to the police. After indictment a special plea of insanity was filed as well as a request for psychiatric examination. After a psychiatric examination which resulted in reports to the court that the defendant was able to participate and cooperate in his defense, the trial took place which resulted in the present appeal.
The state presented evidence, including the psychiatric evaluations, which concluded that the defendant was not psychotic at the time of the alleged crime. The judgment of the trial court finding the defendant guilty was authorized by the evidence adduced upon the trial.
2. After finding the defendant guilty, but before passing sentence, the trial court had additional evaluations made as to the defendant's condition to determine if surgery, or other medical treatment, would benefit the defendant. This investigation by the trial court prior to sentencing did not have the effect of invalidating the prior finding by such court that the defendant was accountable for the actions taken by him during the armed robbery as contended by the defendant.
Richard Bell, District Attorney, J. Ralph McClelland, III, Assistant District Attorney, Arthur K. Bolton, Attorney General, B. Dean Grindle, Jr., Assistant Attorney General, for appellee.
Drew & Jones, James B. Drew, Jr., for appellant.
Friday May 22 12:25 EDT

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