Jordan v. State, 238 S.E.2d 69 (Ga. 1977). · Go Syfert
Jordan v. State, 238 S.E.2d 69 (Ga. 1977). Cases Citing This Book View Copy Cite
“the uncontradicted evidence showed completion of the greater offense, an armed robbery, so that the charge on the lesser offense was not required.”
71 citation events (11 in the last 25 years) across 2 distinct courts.
Strongest positive: Styles v. State (ga, 2020-08-10)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 21 distinct citers.
discussed Cited as authority (quoted) Styles v. State (2×) also: Cited "see, e.g."
Ga. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the uncontradicted evidence showed completion of the greater offense, an armed robbery, so that the charge on the lesser offense was not required.
cited Cited as authority (rule) Ellington v. State
Ga. · 2012 · confidence medium
See Smith v. State, 245 Ga. 205, 207 ( 264 SE2d 15 ) (1980); Jordan v. State, 239 Ga. 526, 527-528 ( 238 SE2d 69 ) (1977).
discussed Cited as authority (rule) Hillman v. State
Ga. Ct. App. · 2009 · confidence medium
Leggon v. State, 249 Ga. App. 467, 473 (6) ( 549 SE2d 137 ) (2001). 13 (Citation omitted.) Matthews v. State, 268 Ga. 798, 803 (4) ( 493 SE2d 136 ) (1997). 14 (Citations and punctuation omitted.) Jones v. State, 279 Ga. 854, 857 (3) ( 622 SE2d 1 ) (2005). 15 (Punctuation and footnote omitted.) Adams v. State, 284 Ga. App. 534, 535 (1) ( 644 SE2d 426 ) (2007). 16 OCGA § 16-8-41 (a). 17 See Jordan v. State, 278 Ga. App. 126, 130 (3) ( 628 SE2d 221 ) (2006) (“[w]here the uncontradicted evidence shows completion of the offense of armed robbery, and no evidence is presented to the effect that a …
cited Cited as authority (rule) Brown v. State
Ga. · 2004 · confidence medium
Jordan v. State, 239 Ga. 526, 527 (3) ( 238 SE2d 69 ) (1977). 6.
cited Cited as authority (rule) Lee v. State
Ga. Ct. App. · 1989 · confidence medium
Jordan v. State, 239 Ga. 526, 527 (3) ( 238 SE2d 69 ) (1977).
cited Cited as authority (rule) Gunn v. State
Ga. Ct. App. · 1989 · confidence medium
See Clempson v. State, 144 Ga. App. 625, 626-627 (3) ( 241 SE2d 495 ); Jordan v. State, 239 Ga. 526, 527 (2) ( 238 SE2d 69 ).
cited Cited as authority (rule) Davis v. State
Ga. Ct. App. · 1986 · confidence medium
See also State v. Stonaker, 236 Ga. 1 ( 222 SE2d 354 ) (1976); Radford v. State, 238 Ga. 532 ( 233 SE2d 785 ) (1977).” Jordan v. State, 239 Ga. 526, 527 (2) ( 238 SE2d 69 ).
cited Cited as authority (rule) Mallory v. State
Ga. Ct. App. · 1983 · confidence medium
See Clempson v. State, 144 Ga. App. 625, 626-627 (3) ( 241 SE2d 495 ); Jordan v. State, 239 Ga. 526, 527 (2) ( 238 SE2d 69 ).
discussed Cited as authority (rule) Redding v. State
Ga. Ct. App. · 1979 · confidence medium
We are, however, most influenced by Jordan v. State, 239 Ga. 526, 527 ( 238 SE2d 69 ) (1977) where it was held that the statement in closing argument: " '. . . there is no other evidence before you that he didn’t pull the robbery’ ” was held by a full bench not to be a comment on the defendant’s decision not to testify.
cited Cited as authority (rule) Harrison v. State
Ga. Ct. App. · 1979 · confidence medium
Jordan v. State, 239 Ga. 526, 527 (2) ( 238 SE2d 69 ) (1977); State v. Stonaker, 236 Ga. 1 ( 222 SE2d 354 ) (1976). 4.
cited Cited as authority (rule) Mullins v. State
Ga. Ct. App. · 1978 · confidence medium
Holcomb v. State, 230 Ga. 525 ( 198 SE2d 179 ) (1973); Jordan v. State, 239 Ga. 526, 527 (2) ( 238 SE2d 69 ) (1977). 2.
discussed Cited "see" Batrone Thompson v. State (2×)
Ga. Ct. App. · 2024 · signal: see · confidence high
See Jordan v. State, 239 Ga. 526, 527 (2) ( 238 SE2d 69 ) (1977) (the evidence showed defendant committed an armed robbery, thus in the absence of a request, there was no error in court’s failure to charge on robbery by use of force, intimidation or sudden snatching); Brinson v. State, 245 Ga. App. 411, 413-414 (2) ( 537 SE2d 795 ) (2000) (when the uncontradicted evidence showed completion of armed robbery and no evidence was 12 presented that a weapon was not used in the robbery, the defendant was not entitled to a charge on the lesser included offense of robbery by intimidation).
discussed Cited "see" Thorpe v. State
Ga. · 2009 · signal: see · confidence high
See Jordan v. State, 239 Ga. 526 (3) ( 239 SE2d 69 ) (1977) (predecessor to OCGA § 24-9-20 governed by same standards as Fifth Amendment). 6 Though it appears that co-defendant Huckabee requested such a charge, the record does not reflect, nor does appellant contend, that he joined in that request. 7 Whether characterized as a confession or merely an incriminating statement, “[i]t has long been the law in this State that the rule as to the admissibility of an incriminatory statement is the same as that applied to a confession. [Cits.]” Vergara, supra, 283 Ga. at 177 (1).
discussed Cited "see" Bradford v. State (2×)
Ga. Ct. App. · 1985 · signal: see · confidence high
See Jordan v. State, 239 Ga. 526, 527 (2) ( 238 SE2d 69 ); Wilcher v. State, 230 Ga. 294 ( 196 SE2d 864 ); Martin v. State, 170 Ga. App. 854 ( 318 SE2d 724 ). 2.
discussed Cited "see" Blue v. State (2×)
Ga. Ct. App. · 1984 · signal: see · confidence high
See Jordon v. State, 239 Ga. 526, 527 (2) ( 238 SE2d 69 ); Lawrence v. State, 235 Ga. 216, 219 (3) ( 219 SE2d 101 ).
discussed Cited "see" Sanders v. State (2×)
Ga. · 1983 · signal: see · confidence high
See Jordan v. State, 239 Ga. 526 (2) ( 238 SE2d 69 ) (1977); Robinson v. State, 232 Ga. 123 (3) ( 205 SE2d 210 ) (1974); Johnson v. State, 164 Ga. App. 429 (1) ( 296 SE2d 775 ) (1983).
discussed Cited "see" Shields v. State (2×)
Ga. Ct. App. · 1982 · signal: see · confidence high
See Jordan v. State, 239 Ga. 526, 527 (2) ( 238 SE2d 69 ); Daniel v. State, 150 Ga. App. 798, 801 (3) *389 ( 258 SE2d 604 ).
discussed Cited "see" Montgomery v. State (2×)
Ga. Ct. App. · 1981 · signal: see · confidence high
See Jordan v. State, 239 Ga. 526, 527 ( 238 SE2d 69 ) (1977); Redding v. State, 151 Ga. App. 140, 141 ( 259 SE2d 146 ) (1979).
discussed Cited "see" Eubanks v. State (2×)
Ga. · 1978 · signal: see · confidence high
See Jordan v. State, 239 Ga. 526 ( 238 SE2d 69 ) (1977); Ingram v. State, 134 Ga. App. 935, 940 (9) ( 216 SE2d 608 ) (1975).
discussed Cited "see, e.g." McCoy v. State (2×)
Ga. Ct. App. · 1989 · signal: compare · confidence low
Compare Jordan v. State, 239 Ga. 526 (3) ( 238 SE2d 69 ) and Mitchell v. State, 226 Ga. 450 (4) ( 175 SE2d 545 ).
examined Cited "see, e.g." Smith v. State (4×)
Ga. · 1980 · signal: see also · confidence medium
See also Jordan v. State, 239 Ga. 526, 527 ( 238 SE2d 69 ) (1977) and Mitchell v. State, 226 Ga. 450, 455 ( 175 SE2d 545 ) (1970). *208 5.
Jordan
v.
the State
32437.
Supreme Court of Georgia.
Sep 7, 1977.
238 S.E.2d 69
Stephen M. Friedberg, for appellant., Lewis R. Slaton, District Attorney, R. David Petersen, Assistant District Attorney, Arthur K. Bolton, Attorney General, Daryl A. Robinson, Staff Assistant Attorney General, for appellee.
Hill.
Cited by 36 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: Supreme Court of Georgia (1)
Hill, Justice.

The defendant was convicted by jury on March 12, 1975, of armed robbery and was sentenced to serve fifteen years with five years on probation. [1] The evidence indicated that a slim man with braided hair, goatee and mustache, wearing a cap and white coat and armed with a pistol, robbed the driver of a bread delivery truck and fled on foot. Within minutes, a nearby policeman who had received the robbery report saw a man who fitted the robber’s description. Upon seeing the policeman, the man fled behind a house. The policeman gave chase but lost sight of the suspect. A few moments later the policeman saw the defendant, whom he believed to be the suspect, emerge without the cap and coat from a wooded area. The defendant was apprehended and placed in a police car. When the driver of the bread truck arrived at the scene he looked into the police car and said, "That’s the guy.”

[*527] The defendant called two witnesses who testified that they knew the defendant and he had been with them that day. On cross examination, one of these witnesses admitted that at about the time of the robbery the defendant left the house on which he was working. The second defense witness contradicted the first on this and other matters. One of these witnesses also testified that there were several adults at the house (who could have testified as to the defendant’s whereabouts).

1. At trial the driver identified the defendant as the robber. The defendant contends this testimony should have been excluded because the on-the-scene identification in the police car was extremely suggestive and conducive to misidentification. The victim’s identification testimony was admissible. Hobbs v. State, 235 Ga. 8 (218 SE2d 769) (1975); Neil v. Biggers, 409 U. S. 188 (93 SC 375, 34 LE2d 401) (1972). There was sufficient evidence to support the verdict of the jury. Ridley v. State, 236 Ga. 147 (1) (223 SE2d 131) (1976); Ingram v. State, 204 Ga. 164 (48 SE2d 891) (1948); Reid v. State, 235 Ga. 378 (2) (219 SE2d 740) (1975).

2. Defendant contends that the trial court committed reversible error by not instructing the jury, without request, that robbery by force is a lesser included offense of armed robbery. See Code §§ 26-1901, 26-1902. The uncontradicted evidence showed completion of the greater offense, an armed robbery, so that the charge on the lesser offense was not required. Holcomb v. State, 230 Ga. 525 (198 SE2d 179) (1973); Lawrence v. State, 235 Ga. 216 (3) (219 SE2d 101) (1975). See also State v. Stonaker, 236 Ga. 1 (222 SE2d 354) (1976); Radford v. State, 238 Ga. 532 (233 SE2d 785) (1977). The trial court did not err as alleged.

3. The defendant claims that the prosecutor commented on his failure to testify by saying to the jury in closing argument that the two defense witnesses were unworthy of belief and ". . . there is no other evidence before you that he didn’t pull the robbery.” He contends that this comment violated Code Ann. § 38-415 and infringed the Fifth Amendment prohibition upon his being compelled to be a witness against himself. This statutory provision is governed by the same standards as[*528] its constitutional counterpart. Carter v. State, 238 Ga. 446 (233 SE2d 201) (1977). The prosecutor’s statement about the evidence before the jury was not clearly a comment on the defendant’s decision not to testify. See Mitchell v. State, 226 Ga. 450, 455 (175 SE2d 545) (1970). We do not find that the comment in this case amounted to such compulsion as is envisioned by the Fifth Amendment prohibition. Upon inquiry by the trial judge, the defendant chose not to move for instructions that the jury should disregard the prosecutor’s comment. The trial court did not err in denying defendant’s motion for mistrial.

Submitted June 17, 1977 Decided September 7, 1977. Stephen M. Friedberg, for appellant. Lewis R. Slaton, District Attorney, R. David Petersen, Assistant District Attorney, Arthur K. Bolton, Attorney General, Daryl A. Robinson, Staff Assistant Attorney General, for appellee.

There being no reversible error, the judgment is affirmed.

Judgment affirmed.

All the Justices concur.
1

The record is silent as to the reason for the two-year time lapse between conviction and the overruling of the unamended motion for new trial. The trial transcript was filed within about six months of trial.