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Heard v. State

Court of Appeals of Georgia
Feb 14, 1980
265 S.E.2d 828 (Ga. Ct. App. 1980)

Opinion

58924.

SUBMITTED OCTOBER 31, 1979.

DECIDED FEBRUARY 14, 1980.

Aggravated sodomy. Fulton Superior Court. Before Judge Langford.

Vernon S. Pitts, Jr., Michael E. Hancock, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Melvin Jones, Assistant District Attorneys, for appellee.


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. 725, 739 (12) ( 234 S.E.2d 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.

We affirm. "The jury is the final arbiter of conflicts in the evidence" ( Allen v. State, 145 Ga. App. 426 ( 243 S.E.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 S.E.2d 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 S.E.2d 920) (1979).

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


SUBMITTED OCTOBER 31, 1979 — DECIDED FEBRUARY 14, 1980.


Summaries of

Heard v. State

Court of Appeals of Georgia
Feb 14, 1980
265 S.E.2d 828 (Ga. Ct. App. 1980)
Case details for

Heard v. State

Case Details

Full title:HEARD v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 14, 1980

Citations

265 S.E.2d 828 (Ga. Ct. App. 1980)
265 S.E.2d 828

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