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Langley v. State

Court of Appeals of Georgia
Sep 6, 1978
248 S.E.2d 184 (Ga. Ct. App. 1978)

Opinion

56221.

SUBMITTED JULY 11, 1978.

DECIDED SEPTEMBER 6, 1978.

Burglary. Muscogee Superior Court. Before Judge Davis.

Jay William Fitt, for appellant.

William J. Smith, District Attorney, H. Haywood Turner, III, Assistant District Attorney, for appellee.


Defendant was indicted for the offense of burglary. At trial the testimony of two accomplices gave a detailed account of defendant's participation in the crime. Both accomplices testified that in the early morning hours of November 14, 1977, that, along with defendant and one other, they broke into a public school and removed a substantial quantity of food and utensils from the cafeteria. The jury returned a verdict of guilty, and the defendant appeals, contending that the evidence presented at trial was insufficient upon which to base a verdict of guilty. Held:

Where the jury has returned a verdict of guilty, the presumption of innocence no longer prevails. On appeals based on the insufficiency of evidence to support a verdict of guilty, this court is governed by the any evidence rule. Here there is evidence to support the verdict, and therefore, we will affirm. See Cohran v. State, 141 Ga. App. 4, 5 (1) ( 232 S.E.2d 355). The testimony of one accomplice may be corroborated by the testimony of another. Baker v. State, 238 Ga. 389, 391 (1) ( 233 S.E.2d 347); Vaughn v. State, 139 Ga. App. 565, 568 (1) ( 228 S.E.2d 741).

Judgment affirmed. Quillian, P. J., and Webb, J., concur.

SUBMITTED JULY 11, 1978 — DECIDED SEPTEMBER 6, 1978.


Summaries of

Langley v. State

Court of Appeals of Georgia
Sep 6, 1978
248 S.E.2d 184 (Ga. Ct. App. 1978)
Case details for

Langley v. State

Case Details

Full title:LANGLEY v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 6, 1978

Citations

248 S.E.2d 184 (Ga. Ct. App. 1978)
248 S.E.2d 184