Heard v. State

Court of Appeals of Georgia

Heard v. State

265 S.E.2d 828, 153 Ga. App. 474, 1980 Ga. App. LEXIS 1856

CourtCourt of Appeals of Georgia

DecidedFebruary 14, 1980

Docket58924

StatusPublished

Cited by8 cases

This text of 265 S.E.2d 828 (Heard 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.

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Heard v. State, 265 S.E.2d 828, 153 Ga. App. 474, 1980 Ga. App. LEXIS 1856 (Ga. Ct. App. 1980).

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Opinion

Sognier, Judge:

Johnny Heard, following the overruling of his motion for new trial, appeals his conviction of aggravated sodomy, asserting in accordance with the "general grounds” of his motion (see Brooks v. State, 141 Ga. App. *475 725, 739 (12) (234 SE2d 541) (1977)) that the evidence as to his sexual attack upon a fellow prisoner was insufficient to convict, and that the verdict was against the weight of the evidence. In support of these contentions Heard claims that there were conflicts in the evidence, and attacks the credibility of the state’s witnesses.

Submitted October 31, 1979 Decided February 14, 1980. Vernon S. Pitts, Jr., Michael E. Hancock, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Melvin Jones, Assistant District Attorneys, for appellee.

We affirm. "The jury is the final arbiter of conflicts in the evidence” (Allen v. State, 145 Ga. App. 426 (243 SE 2d 626) (1978)), and "the appellate courts undertake only to determine the sufficiency of the evidence, not to weigh it.” Ridley v. State, 236 Ga. 147, 149 (1) (223 SE2d 131) (1976). We find that a rational trier of fact could reasonably have found from the evidence adduced at trial proof of appellant’s guilt beyond a reasonable doubt. Fisher v. State, 151 Ga. App. 93 (258 SE2d 920) (1979).

Judgment affirmed.

McMurray, P. J., and Banke, J., concur.

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Sognier, Judge:

Johnny Heard, following the overruling of his motion for new trial, appeals his conviction of aggravated sodomy, asserting in accordance with the "general grounds” of his motion (see Brooks v. State, 141 Ga. App. *475 725, 739 (12) (234 SE2d 541) (1977)) that the evidence as to his sexual attack upon a fellow prisoner was insufficient to convict, and that the verdict was against the weight of the evidence. In support of these contentions Heard claims that there were conflicts in the evidence, and attacks the credibility of the state’s witnesses.

Submitted October 31, 1979 Decided February 14, 1980. Vernon S. Pitts, Jr., Michael E. Hancock, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Melvin Jones, Assistant District Attorneys, for appellee.

We affirm. "The jury is the final arbiter of conflicts in the evidence” (Allen v. State, 145 Ga. App. 426 (243 SE 2d 626) (1978)), and "the appellate courts undertake only to determine the sufficiency of the evidence, not to weigh it.” Ridley v. State, 236 Ga. 147, 149 (1) (223 SE2d 131) (1976). We find that a rational trier of fact could reasonably have found from the evidence adduced at trial proof of appellant’s guilt beyond a reasonable doubt. Fisher v. State, 151 Ga. App. 93 (258 SE2d 920) (1979).

Judgment affirmed.

McMurray, P. J., and Banke, J., concur.

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265 S.E.2d 828, 153 Ga. App. 474, 1980 Ga. App. LEXIS 1856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heard-v-state-gactapp-1980.

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