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Bowden v. State

The victim's identification of defendant as the man who put a gun to her head and demanded her purse supported his conviction for aggravated assault with intent to rob..

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J. T. Bowden appeals from the denial of his motion for new trial following his conviction by a jury of one count of aggravated assault with intent to rob Matthews.1 1. Viewed in favor of the jury’s verdict, the evidence was that Matthews, Marsh and Kahlert had gone to dinner on November 19, 2000. For dessert, the women were going to a restaurant on Crescent Avenue in Atlanta. Matthews parked across the street from the restaurant in a bank parking lot and the three women got out of the car. Three men then surrounded the women and one put a gun in Marsh’s back. Marsh ran, but another of the men, later identified as Bowden, put a gun to Matthews’ head and demanded her purse. Matthews got a good look at him because her car headlights had not yet gone out and the parking lot was well lighted. The man was close enough to her that she could feel his breath on her and the gun against her head was shaking. Matthews focused on him for several seconds and gave a detailed description, including the fact that the man was a light skinned African-American with freckles and a missing tooth.

Bowden, who was light skinned and missing a tooth, was apprehended by a police officer a couple of blocks from the scene.2

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