Daniels v. State

Court of Appeals of Georgia

Daniels v. State

548 S.E.2d 108, 249 Ga. App. 593, 2001 Fulton County D. Rep. 1579, 2001 Ga. App. LEXIS 509

CourtCourt of Appeals of Georgia

DecidedApril 25, 2001

DocketA01A1351

StatusPublished

Cited by1 cases

This text of 548 S.E.2d 108 (Daniels v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daniels v. State, 548 S.E.2d 108, 249 Ga. App. 593, 2001 Fulton County D. Rep. 1579, 2001 Ga. App. LEXIS 509 (Ga. Ct. App. 2001).

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Opinion

Phipps, Judge.

Frederick and Sanchez Daniels were convicted of aggravated battery for shooting Kelvin Carter in the eye, thus depriving him of its use. They argue that under Jackson v. Virginia,1 the evidence was insufficient to support their convictions. This argument is without merit.

It is undisputed that during the course of a melee involving members of the Daniels and Carter families, Kelvin Carter was shot in the eye and that this resulted in loss of the eye. Numerous State’s witnesses testified that Carter was so injured when appellants began shooting indiscriminately and without provocation at members of the Carter family. Defense witnesses, on the other hand, testified that Sanchez Daniels was not involved in the shooting and that Frederick Daniels discharged his firearm in Carter’s direction to defend himself against gunshots being fired at him by Carter family members.

Under Jackson v. Virginia, conflicts in the testimony of the witnesses are a matter of credibility for the jury to resolve.² As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.³ Here, there is competent evidence supporting appellants’ convictions.

Judgments affirmed.

Smith, P. J., and Barnes, J., concur. J Tom Morgan, District Attorney, Barbara B. Conroy, Joseph N. Walden III, Assistant District Attorneys, for appellee.

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Phipps, Judge.

Frederick and Sanchez Daniels were convicted of aggravated battery for shooting Kelvin Carter in the eye, thus depriving him of its use. They argue that under Jackson v. Virginia,1 the evidence was insufficient to support their convictions. This argument is without merit.

It is undisputed that during the course of a melee involving members of the Daniels and Carter families, Kelvin Carter was shot in the eye and that this resulted in loss of the eye. Numerous State’s witnesses testified that Carter was so injured when appellants began shooting indiscriminately and without provocation at members of the Carter family. Defense witnesses, on the other hand, testified that Sanchez Daniels was not involved in the shooting and that Frederick Daniels discharged his firearm in Carter’s direction to defend himself against gunshots being fired at him by Carter family members.

Under Jackson v. Virginia, conflicts in the testimony of the witnesses are a matter of credibility for the jury to resolve.² As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.³ Here, there is competent evidence supporting appellants’ convictions.

Judgments affirmed.

Smith, P. J., and Barnes, J., concur. J Tom Morgan, District Attorney, Barbara B. Conroy, Joseph N. Walden III, Assistant District Attorneys, for appellee.

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Bluebook (online)

548 S.E.2d 108, 249 Ga. App. 593, 2001 Fulton County D. Rep. 1579, 2001 Ga. App. LEXIS 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniels-v-state-gactapp-2001.

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