Ringo v. State
| Decision Date | 15 January 1999 |
| Docket Number | No. A98A1861.,A98A1861. |
| Parties | RINGO v. The STATE. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Cook, Noell, Tolley & Wiggins, Edward D. Tolley, Athens, for appellant.
Timothy G. Madison, District Attorney, Robin R. Riggs, Assistant District Attorney, for appellee.
A Banks County Grand Jury returned an indictment charging defendant Jason Robert Ringo with aggravated assault with a deadly weapon "by pointing a handgun at" the victim, Diane McElroy (Count 1) and also firing a shot at her (Count 2). Defendant was also charged with three counts of terroristic threats and acts (Counts 3, 4 and 5), plus two counts of simple battery by kicking Diane McElroy on the ankle (Count 6) and kicking her on the chest (Count 7). The jury acquitted defendant of Counts 2, 3, 4, 5 and 7, but found him guilty of Counts 1 (aggravated assault with a deadly weapon "by pointing a handgun") and 6 (simple battery by kicking the victim on the ankle). Defendant's motion for new trial was denied and this appeal followed. Defendant's sole enumeration of error urges the general grounds. Held:
On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the jury's verdict, and the defendant no longer enjoys the presumption of innocence. An appellate court does not weigh the evidence or judge the credibility of the witnesses but only determines whether the evidence to convict is sufficient under the standard of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560. Hawkins v. State, 230 Ga.App. 627, 630(3), 497 S.E.2d 386. Conflicts in the testimony of the witnesses, including the State's witnesses, are a matter of credibility for the jury to resolve. So long as there is some competent evidence, even though contradicted, to support each element of the State's case, the jury's verdict will be upheld. Howard v. State, 227 Ga. App. 5, 8 (6)(a), 488 S.E.2d 489. Viewed in this light, the evidence at defendant's trial revealed the following:
After the defendant and his wife, Cindy Ringo, separated, Mrs. Ringo along with their child, Kayla Ringo, moved in with Mrs. Ringo's mother, the victim, Diane McElroy. At approximately 9:15 p.m. on July 2, 1997, defendant went to the victim's residence, ostensibly to see his daughter. Defendant's wife was just returning home from work. As she
According to Mrs. Ringo, in the presence of their daughter, defendant told his wife and the victim She observed that defendant "jumped back and ... pulled a gun out of his pants, and... pointed it at [Diane McElroy]." The victim confirmed that defendant arrived that evening ...
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Graham v. State
...committed aggravated assault with a handgun, a deadly weapon, as alleged in the indictment. OCGA § 16-5-21(a)(2); Ringo v. State, 236 Ga.App. 38, 510 S.E.2d 893. See generally King v. State, 213 Ga.App. 268, 269, 444 S.E.2d 2. Next defendant contends the evidence is insufficient to support ......
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...to support each element of the [s]tate's case, the jury's verdict will be upheld." (Citation omitted.) Ringo v. State, 236 Ga.App. 38, 39, 510 S.E.2d 893 (1999). Accordingly, because there was ample evidence to support the jury's verdict, we affirm Zackery's Judgment affirmed. JOHNSON, P.J.......
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Johnson v. State, A99A0153.
...solely the province of the jury, and there was sufficient evidence to support their conclusions. Jackson, supra; Ringo v. State, 236 Ga.App. 38, 39, 510 S.E.2d 893 (1999). 2. Johnson's third, fourth, fifth, and sixth enumerations deal with the court's admission of N.B.'s statement that she ......
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Lawson v. State
...294(2), 593 S.E.2d 747 (2004). 6. See Neal, supra; Mack v. State, 263 Ga.App. 186, 187(1), 587 S.E.2d 132 (2003); Ringo v. State, 236 Ga.App. 38, 40, 510 S.E.2d 893 (1999). 7. 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981). 8. Haynes v. State, 269 Ga. 181, 183(4), 496 S.E.2d 721 (1998)......