Joe B. Cook v. Charles Montgomery, Warden, and the Attorney General of the State of Georgia

650 F.2d 814, 1981 U.S. App. LEXIS 11503

Opinion

PER CURIAM:

The sole issue raised by this habeas corpus petition is the sufficiency of the evidence to sustain petitioner’s state court conviction for murder. The district court reviewed the evidence under the strict standard established by Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), and concluded that “a rational trier of fact could have found the Petitioner guilty beyond a reasonable doubt ... . ” Record at 264. We also have reviewed the evidence, and assuming without deciding that the Jackson standard applies, reach the same conclusion. On the record before us, we conclude that a rational trier of fact could have found petitioner guilty of the charge beyond a reasonable doubt.

AFFIRMED.