Schofill v. State

2 Citing cases

  1. Laminack v. State

    411 S.E.2d 895 (Ga. Ct. App. 1991)   Cited 1 times

    Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979). See Schofill v. State, 183 Ga. App. 251 ( 358 S.E.2d 651) (1987) (distinguishing Spence based on defendant's admission plus the location of the other occupant on the vehicle's passenger side of the vehicle); Roberts v. State, 172 Ga. App. 139, 141 (3) ( 322 S.E.2d 342) (1984) (affirming the rejection of defendant's request to charge under Stephens, holding inter alia that the case was not dependent solely upon circumstantial evidence); Parrish v. State, 109 Ga. App. 808 ( 137 S.E.2d 486) (1964) (holding that although there was no direct evidence that defendant was the driver, there was sufficient circumstantial evidence thereby distinguishing Spence). Moreover, the driving of an automobile while intoxicated may be shown by circumstantial evidence alone, and whether there is a reasonable hypothesis save that of guilt is ordinarily a question for the trier of fact. Only if the evidence fails to exclude a reasonable inference or hypothesis contrary to guilt, is an acquittal demanded as a matter of law.

  2. Walker v. State

    388 S.E.2d 44 (Ga. Ct. App. 1989)   Cited 2 times

    Although there were sharp differences between the testimonies of appellant and Howard, "[t]he jury apparently chose to disbelieve [appellant] after weighing [his] credibility, and it was within its province to do so. [Cit.]" Schofill v. State, 183 Ga. App. 251, 252 ( 358 S.E.2d 651) (1987). Judgment affirmed. Banke, P. J., and Pope, J., concur.