Bradford v. State

In Bradford v. State, 223 Ga. App. 424 (477 S.E.2d 859) (1996), a carjacking conviction was reversed, but no evidence was presented that defendant concealed his hand or acted as if he were holding an offensive object. The victim in that case testified she did not know where one of the appellant's hands was located and only "possibly" thought he had a gun. Id. at 426. And as noted in the special concurrence in Bradford, positive evidence was presented that the appellant did not use a gun; he was apprehended in the act of committing the crime, and the police officer who searched him found no gun. Id. at 427-428. In light of that evidence, "the jury could not find that defendant was in possession of a firearm when he attempted to hijack the victim's car." Id. at 428.