Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Court of Appeals of Georgia; 289 Ga. App. 224; 656 S.E.2d 567. Datos: https://static.case.law/ga-app/289/cases/0224-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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White v. State, 289 Ga. App. 224 (Court of Appeals of Georgia, 2008) Bernes, Judge. Following a jury trial, Demetrius White was convicted of aggravated assault and aggravated battery upon a correctional officer. He appeals, contending the verdict was contrary to the evidence, against the weight of evidence and contrary to law. We affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict in order to determine whether any rational trier of fact could have found the essential elements of the crimes charged beyond a reasonable doubt. Gray v. State, 213 Ga. App. 507, 509 (1) (445 SE2d 328) (1994). “The determination of a witness’ credibility, including the accuracy of eyewitness identification, is within the exclusive province of the jury.” (Citation and punctuation omitted.) Id. Thus, we do not evaluate the credibility of the witnesses nor do we weigh the evidence on appeal. Id. So construed, the evidence adduced at trial showed that the victim was employed as a correctional officer at the Georgia State Prison in Reidsville, where White was being housed as an inmate. One morning, while the victim was delivering breakfast to White and his fellow inmates, White attacked him. As the victim stood in front of White’s cell, White reached through the metal bars of his cell and cut the victim’s face with what appeared to be a razor blade or other sharp object. The victim was transported to the hospital and required more than 150…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Court of Appeals of Georgia; 289 Ga. App. 224; 656 S.E.2d 567. Datos: https://static.case.law/ga-app/289/cases/0224-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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White v. State, 289 Ga. App. 224 (Court of Appeals of Georgia, 2008) Bernes, Judge. Following a jury trial, Demetrius White was convicted of aggravated assault and aggravated battery upon a correctional officer. He appeals, contending the verdict was contrary to the evidence, against the weight of evidence and contrary to law. We affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict in order to determine whether any rational trier of fact could have found the essential elements of the crimes charged beyond a reasonable doubt. Gray v. State, 213 Ga. App. 507, 509 (1) (445 SE2d 328) (1994). “The determination of a witness’ credibility, including the accuracy of eyewitness identification, is within the exclusive province of the jury.” (Citation and punctuation omitted.) Id. Thus, we do not evaluate the credibility of the witnesses nor do we weigh the evidence on appeal. Id. So construed, the evidence adduced at trial showed that the victim was employed as a correctional officer at the Georgia State Prison in Reidsville, where White was being housed as an inmate. One morning, while the victim was delivering breakfast to White and his fellow inmates, White attacked him. As the victim stood in front of White’s cell, White reached through the metal bars of his cell and cut the victim’s face with what appeared to be a razor blade or other sharp object. The victim was transported to the hospital and required more than 150…