Ellison v. State

Full title: ELLISON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Oct 31, 1979

262 S.E.2d 514 (Ga. Ct. App. 1979)

152 Ga. App. 149

Opinion

58608.

SUBMITTED OCTOBER 15, 1979.

DECIDED OCTOBER 31, 1979.

Aggravated assault, etc. Baldwin Superior Court. Before Judge Jackson.

William H. Titus, for appellant.

Joseph H. Briley, District Attorney, for appellee.

BANKE, Judge.

The appellant was convicted of aggravated assault and armed robbery and appeals solely on the general grounds.

The state's evidence established that the victim, a 77-year-old storekeeper, was struck on the head with a hatchet and his wallet with $20 or $30 taken. The testimony of a 13-year-old accomplice identified the appellant as the perpetrator. Another witness saw appellant leaving the scene. Blood stains on clothes identified as those worn by the appellant on the day in question were identified as being the same type as that of the victim. Held:

On appeal from findings of guilty, the presumption of innocence no longer prevails. The fact finders have determined the credibility of the witness, and have been convinced of guilt beyond a reasonable doubt. We have reviewed the record and find that there was ample evidence upon which a reasonable jury could rationally find proof of guilt beyond a reasonable doubt.

Judgment affirmed. McMurray, P. J., and Underwood, J., concur.

BANKE, Judge.

SUBMITTED OCTOBER 15, 1979 — DECIDED OCTOBER 31, 1979.