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POWELL v. THE STATE.
62704.
POPE, Judge.
Armed robbery. Houston Superior Court. Before Judge Hunt.
Keith Dennis Powell was indicted for armed robbery, tried by a jury and convicted of robbery by intimidation, which he appeals.
Several workers at the farm testified they had seen Powell at various times during the day, none at the time of the robbery. The dairy was a five to ten minute drive from the Donut Shop. The police never found the money, the pistol or the green pick-up truck in which the robber had escaped.
1. Appellant asserts error in the denial of his pretrial motion to suppress testimony concerning the lineup identification. However, since the transcript reveals nothing impermissibly suggestive about the lineup, the admission of this evidence did not constitute harmful error. Sinkfield v. State, 231 Ga. 875 (1) (204 SE2d 588) (1974); Peterson v. State, 158 Ga. App. 195 (3) (279 SE2d 493) (1981).
2. Our review of the transcript convinces us that any rational trier of fact could reasonably have found proof from the evidence of appellant's guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Peterson v. State, supra at (1).
Theron Finlayson, District Attorney, Stephen Pace, Tony H. Hight, Kathy S. Palmer, Robert E. Statham III, for appellee.
Harry J. Fox, Jr., for appellant.
DECIDED JANUARY 5, 1982 -- REHEARING DENIED JANUARY 22, 1982 -- CERT. APPLIED FOR.
Thursday May 21 21:45 EDT


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