Day v. State

Court of Appeals of Georgia

Day v. State

431 S.E.2d 416, 208 Ga. App. 608, 93 Fulton County D. Rep. 1811, 1993 Ga. App. LEXIS 542

CourtCourt of Appeals of Georgia

DecidedMay 5, 1993

DocketA93A0323

StatusPublished

This text of 431 S.E.2d 416 (Day 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

Day v. State, 431 S.E.2d 416, 208 Ga. App. 608, 93 Fulton County D. Rep. 1811, 1993 Ga. App. LEXIS 542 (Ga. Ct. App. 1993).

Pincite

Opinion

Birdsong, Presiding Judge.

Dennis Day appeals his conviction of burglary. He asserts the general grounds for appeal. Held:

Although Day denies committing the burglary, the record shows he was in the victim’s home the day before it was burglarized, the victim’s next-door neighbor identified Day as the person she saw tak[609]*609ing items from the home and putting them in a truck, and the victim testified that on the date in question her home was broken into and several items were stolen or destroyed. This evidence is sufficient to support Day’s conviction.

Decided May 5, 1993. Gwyn P. Newsom, for appellant. Douglas C. Pullen, District Attorney, for appellee.

On appeal the evidence must be viewed in the light most favorable to the verdict, appellant no longer enjoys the presumption of innocence, and appellate courts determine the sufficiency of the evidence and not its weight. Grant v. State, 195 Ga. App. 463 (393 SE2d 737). Further, we do not speculate which evidence the jury chose to believe or disbelieve. Mills v. State, 137 Ga. App. 305, 306 (223 SE2d 498). Therefore, having reviewed the evidence in that manner, we conclude that a rational trier of fact could have found the defendant guilty of the crimes for which he was convicted beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Witherspoon v. State, 262 Ga. 2 (412 SE2d 829).

Judgment affirmed.

Pope, C. J., and Andrews, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Birdsong, Presiding Judge.

Dennis Day appeals his conviction of burglary. He asserts the general grounds for appeal. Held:

Although Day denies committing the burglary, the record shows he was in the victim’s home the day before it was burglarized, the victim’s next-door neighbor identified Day as the person she saw tak[609]*609ing items from the home and putting them in a truck, and the victim testified that on the date in question her home was broken into and several items were stolen or destroyed. This evidence is sufficient to support Day’s conviction.

Decided May 5, 1993. Gwyn P. Newsom, for appellant. Douglas C. Pullen, District Attorney, for appellee.

On appeal the evidence must be viewed in the light most favorable to the verdict, appellant no longer enjoys the presumption of innocence, and appellate courts determine the sufficiency of the evidence and not its weight. Grant v. State, 195 Ga. App. 463 (393 SE2d 737). Further, we do not speculate which evidence the jury chose to believe or disbelieve. Mills v. State, 137 Ga. App. 305, 306 (223 SE2d 498). Therefore, having reviewed the evidence in that manner, we conclude that a rational trier of fact could have found the defendant guilty of the crimes for which he was convicted beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Witherspoon v. State, 262 Ga. 2 (412 SE2d 829).

Judgment affirmed.

Pope, C. J., and Andrews, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

431 S.E.2d 416, 208 Ga. App. 608, 93 Fulton County D. Rep. 1811, 1993 Ga. App. LEXIS 542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/day-v-state-gactapp-1993.

Opinion

Related

Cite This Page — Counsel Stack