Tolbert v. State

Court of Appeals of Georgia

Tolbert v. State

288 S.E.2d 612, 160 Ga. App. 901, 1982 Ga. App. LEXIS 2993

CourtCourt of Appeals of Georgia

DecidedJanuary 15, 1982

Docket63056

StatusPublished

This text of 288 S.E.2d 612 (Tolbert 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

Tolbert v. State, 288 S.E.2d 612, 160 Ga. App. 901, 1982 Ga. App. LEXIS 2993 (Ga. Ct. App. 1982).

Pincite

Opinion

Deen, Presiding Judge.

Ronnie Tolbert brings this appeal from his convictions of burglary and possession of tools for the commission of crime alleging that the evidence was not sufficient to sustain a conviction. Held:

The evidence showed that appellant was seen leaving the victim’s apartment by the apartment manager carrying two paper sacks. He was apprehended by the manager at gunpoint and the items in the bag were identified by the victim as coming from her apartment and she testified that the defendant did not have her permission to enter the apartment. The manager also testified that appellant had a velvet pouch containing a screwdriver; that appellant told him he had broken in the apartment with the screwdriver and that appellant threw the pouch up the walkway. The evidence showed that the [902]*902victim found her apartment in disarray when she returned from work with several items piled up beside the sliding glass door and that the door was slightly bent.

Decided January 15, 1982. Charles R. Floyd, for appellant. Ronnie L. Tolbert, pro se. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Thomas W. Hayes, Benjamin H. Oehlert III, Assistant District Attorneys, for appellee.

The evidence meets the “rational trier of fact” test as set forth in Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), and Driggers v. State, 244 Ga. 160 (259 SE2d 133) (1979). The credibility of the witnesses is solely a question for the jury. Redd v. State, 154 Ga. App. 373 (268 SE2d 423) (1980).

Judgment affirmed.

Banke and Carley, JJ., concur.

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

Deen, Presiding Judge.

Ronnie Tolbert brings this appeal from his convictions of burglary and possession of tools for the commission of crime alleging that the evidence was not sufficient to sustain a conviction. Held:

The evidence showed that appellant was seen leaving the victim’s apartment by the apartment manager carrying two paper sacks. He was apprehended by the manager at gunpoint and the items in the bag were identified by the victim as coming from her apartment and she testified that the defendant did not have her permission to enter the apartment. The manager also testified that appellant had a velvet pouch containing a screwdriver; that appellant told him he had broken in the apartment with the screwdriver and that appellant threw the pouch up the walkway. The evidence showed that the [902]*902victim found her apartment in disarray when she returned from work with several items piled up beside the sliding glass door and that the door was slightly bent.

Decided January 15, 1982. Charles R. Floyd, for appellant. Ronnie L. Tolbert, pro se. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Thomas W. Hayes, Benjamin H. Oehlert III, Assistant District Attorneys, for appellee.

The evidence meets the “rational trier of fact” test as set forth in Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), and Driggers v. State, 244 Ga. 160 (259 SE2d 133) (1979). The credibility of the witnesses is solely a question for the jury. Redd v. State, 154 Ga. App. 373 (268 SE2d 423) (1980).

Judgment affirmed.

Banke and Carley, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

288 S.E.2d 612, 160 Ga. App. 901, 1982 Ga. App. LEXIS 2993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tolbert-v-state-gactapp-1982.

Opinion

Related

Cite This Page — Counsel Stack