Kitwana Lattimore, a/k/a Kojack, was indicted jointly with Steven Earls on Charges of murder and criminal attempt to commit armed robbery. Prior to the present trial, Lattimore has been tried three times for these crimes, with two such trials ending in mistrials, and the third ending in a conviction which was subsequently overturned by this Court in Lattimore v. State, 265 Ga. 102 (454 SE2d 474) (1995)
. The jury in this trial found Lattimore guilty of the charged crimes. He appeals from the denial of his motion for a new trial. 1
Because the evidence supports the verdict and the trial court did not err in its charge to the jury, we affirm.
1. Harold Phillip Haggard was shot during a robbery attempt and died shortly thereafter. Earls, who is serving a life sentence for these crimes, testified at trial that he and Lattimore planned and committed the attempted armed robbery together. Other evidence adduced at trial corroborated EarIs' testimony. 2
Earls also testified that Lattimore was the one who carried and used the pistol. Although Lattimore initially told the police that he was not present at the scene, he testified at trial that he was with Earls but asserted he did not know that EarIs was planning to rob Haggard and was surprised when the shooting occurred.
The evidence was sufficient to authorize the jury to find Lattimore guilty of the charged crimes beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
2. Lattimore contends the trial court erred in its charge to the jury on "persons concerned in the commission of a crime." 3
Our review of the charge reveals that the trial court's instruction comported in every regard with our holding in Lattimore, supra at (3). We find no merit in this enumeration.
Harry N. Gordon, District Attorney, Michael J. Bowers, Attorney General, Christopher S. Brasher, Assistant Attorney General, for appellee.