Docket number: 29552
SUBMITTED
HALL, Justice. - SUBMITTED
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http://vlex.com/vid/woodruff-v-the-state-20409549
Id. vLex: VLEX-20409549
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Judgment affirmed. All the justices concur.

U.S. Supreme Court - Schneckloth v. Bustamonte, 412 U.S. 218 (1973)
U.S. Supreme Court - Lego v. Twomey, 404 U.S. 477 (1972)
U.S. Supreme Court - Bruton v. United States, 391 U.S. 123 (1968)
Supreme Court of Georgia - JOHNSON v. THE STATE., 233 Ga. 58, 209 S.E.2.d 629 (1974)
Supreme Court of Georgia - DINGLER v. THE STATE., 233 Ga. 462, 211 S.E.2.d 752
Georgia Court Of Appeals - Mcshan v. The State., 155 Ga. App. 518, 271 S.E.2d 659 (1980)
Supreme Court of Georgia - THE STATE v. HARRIS., 246 Ga. 759, 272 S.E.2.d 719 (1980)
Georgia Court Of Appeals - Seals v. The State., 181 Ga. App. 687, 353 S.E.2d 577 (1987)
Georgia Court Of Appeals - The State v. Reid Et Al., 167 Ga. App. 81, 306 S.E.2d 61 (1983)
Georgia Court Of Appeals - Jones v. The State., 184 Ga. App. 328, 361 S.E.2d 693 (1987)
Georgia Court Of Appeals - Ridgeway v. The State., 205 Ga. App. 218, 422 S.E.2d 4 (1992)
Georgia Court Of Appeals - The State v. Stephens., 167 Ga. App. 707, 307 S.E.2d 518 (1983)
Georgia Court Of Appeals - Johnson v. The State., 167 Ga. App. 126, 305 S.E.2d 780 (1983)
Georgia Court Of Appeals - Phelps v. The State., 195 Ga. App. 370, 393 S.E.2d 501 (1990)
This is an appeal from an armed robbery conviction in which the state's evidence against Woodruff was entirely circumstantial. He argues that the evidence was inadequate to "exclude every other reasonable hypothesis save that of the guilt of the accused," as required by Code 38-109. We disagree, and affirm.The state's evidence tended to show that the victims, two aged sisters, lived in a rural area near a dirt road, and that shortly before the robbery they saw a late model green automobile go past their house with three men inside. Somewhat later, two men subsequently identified as Woodruff's co-defendants, Hobbs and Parker, appeared at the victims' home asking first for gasoline, and then, being told the sisters had none, for a drink of water. Upon an exchanged signal of some sort, the two moved against the sisters and subsequently ransacked the house and beat one of the elderly women in the search for money. One of the robbers brandished a gun. They obtained about four dollars in change, and departed.Two Butts County law officers arrived about ten minutes after the offense and were told about the green automobile. They set off in search of it and about 600 feet from the sisters' house met a late model green automobile being driven by Woodruff who appeared to be alone. The officers stopped and turned their automobile around to give chase, but the green car moved on out of sight and, from a point which it had recently passed, Hobbs ran across the road. The officers stopped and apprehended him, and then sped in the direction taken by the green car, with their blue light flashing. They next saw the green car near the city limits of Flovilla with Woodruff still driving and Parker seated beside him. In addition to their flashing light, the officers turned on their siren and, after a short time, concluding that Woodruff was not going to stop although he had been considerably slowed by being temporarily boxed in traffic, the officers sent a warning shot through the roof of the car whereupon Woodruff stopped. He and Parker were searched, and inside the glove compartment of the automobile, which belonged to Parker, the officer's found a .25 caliber automatic. Subsequently, Hobbs and Parker were identified by the sisters as the robbers. At trial, the defense offered no evidence at all.1. In support of his claim that the evidence against him was insufficient, Woodruff argues here that a reasonable hypothesis consistent with his innocence and with the evidence is as follows: the green car, occupied by Woodruff, Hobbs and Parker, was actually out of gas; Hobbs and Parker went in search of gasoline while Woodruff remained with the car; a maroon automobile, which one victim testified went down the road after the green car had passed, could have stopped and given Woodruff gasoline, whereupon, Parker and Hobbs having split up for some reason, Woodruff drove Parker into town and was unaware that Parked and Hobbs had perpetrated the robbery. The flaw in this reasoning is that it does not explain Woodruff's flight from the officers as the driver of the green automobile.Woodruff argues that there is no evidence of flight, and it is true that the officers' testimony was in some respects ambiguous; but this very clear exchange occurred during the testimony of Officer Barnes: "Q. Is that your normal police procedure when you are chasing a car just to shoot a warning shot right through the car? A. If they won't stop, it is. Q. Well, you hadn't given him much chance to stop. He was already behind a slow moving car and you were coming up behind him. A. He wasn't making any attempt to stop with the siren or the blue light." We conclude that there was evidence before the jury of Woodruff's flight.Flight, without more, is inadequate to support a conviction. Johnson v. State,
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