Jackson v. State

Full title: JACKSON et al. v. THE STATE

Court: Court of Appeals of Georgia

Date published: Mar 19, 1976

225 S.E.2d 763 (Ga. Ct. App. 1976)

225 S.E.2d 763

Opinion

51871.

SUBMITTED MARCH 8, 1976.

DECIDED MARCH 19, 1976.

Aggravated assault. Habersham Superior Court. Before Judge Gunter.

Oliver Oliver, Don McGowan, for appellants.

V. D. Stockton, District Attorney, for appellee.

CLARK, Judge.

This is an appeal by two defendants convicted of aggravated assault upon a fellow inmate at the Georgia Industrial Institute at Alto from the denial of their motion for a new trial. Their capable counsel contends that "The weight of the evidence in this case clearly supports the position that culpability can be placed, if at all, only upon defendant Harold Almond."

"On appeal our review is restricted to the legal sufficiency of the evidence, not the weight of the evidence. See Strong v. State, 232 Ga. 294, 298 ( 206 S.E.2d 461) (1974). `It is our duty [on appeal] to determine whether the verdict as rendered can be sustained under any reasonable view taken of the proofs submitted to the jury.' Ingram v. State, 204 Ga. 164, 184 ( 48 S.E.2d 891) (1948); Powell v. State, 235 Ga. 208. This standard is satisfied by the evidence in this case." Proctor v. State, 235 Ga. 720, 721 ( 221 S.E.2d 556). Accordingly, the judgment is affirmed.

Judgment affirmed. Bell, C. J., and Stolz, J., concur.

SUBMITTED MARCH 8, 1976 — DECIDED MARCH 19, 1976.