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Montgomery v. State

The trial court did not mislead the jury by charging on the complete code section on offensive weapon.

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A jury found Damien Montgomery guilty of armed robbery. Montgomery appeals, alleging the trial court erred in its charge to the jury and erred in admitting his written statement and oral statement into evidence. We find no error and affirm Montgomery’s conviction. Viewed in a light most favorable to the verdict, the record shows that Montgomery came to the victim’s house to visit. Later that same night, Montgomery and three other persons, most of whom the victim also knew, rang her doorbell and pushed the door open when the victim answered the door. Montgomery put a gun to the victim’s head and repeatedly asked, “Where it’s at” Montgomery and the other men opened cabinets, drawers and closets in the house. They found $120 in a drawer and left with the money. The police arrested Montgomery and read him his Miranda rights. Montgomery told the officers about how he and the others had planned the robbery and about his plans to split any stolen money with the others. He admitted holding the gun to the victim’s head. Montgomery also confessed in writing and signed the document.

1. In his first enumeration of error, Montgomery argues that it was error for the trial court to include the full definition of “offensive weapon” in the jury instruction since the indictment alleged that Montgomery had used a gun. He suggests that, by doing so, the trial court made the jury think it was authorized to convict Montgomery for committing an armed robbery in a manner other than as alleged in the indictment. We find no reversible error.

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