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Durham v. State

The trial court's charge to the jury on the proof necessary to establish the offense of armed robbery correctly stated Georgia law.

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Following his conviction by a jury of armed robbery, Jamon Rodari Durham appeals, contending that the trial court erred in its charge to the jury on the proof necessary to establish the offense of armed robbery. For the reasons set forth below, we affirm. Viewed in a light most favorable to the jury’s verdict, the evidence shows that on June 16, 2000, Durham entered a Hardee’s restaurant and handed Tomika Robinson, the cashier, a note in which he had written, “Give me all the money from the register, now I have a gun Don’t say anything or I’ll shoot.” Durham kept his hand, in which he held a large set of pliers, in his pocket in order to make the Hardee’s employees think he had a handgun.

Robinson, who thought Durham was joking because he had been in the restaurant the day before and filled out an application for employment, told Durham she could not give him the money because she couldn’t open the register. Durham told Robinson to get the manager; when she went to the back of the restaurant to do so, he accompanied her.

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