Williams v. State

Decision Date24 February 1982
Docket NumberNo. 63159,63159
PartiesWILLIAMS v. The STATE.
CourtGeorgia Court of Appeals

Robert L. Richards, Greenville, for appellant.

Art Mallory, Dist. Atty., LaGrange, for appellee.

SHULMAN, Presiding Judge.

Appellant was convicted of burglary, criminal damage to property in the second degree, and aggravated assault. We find his three enumerations of error meritless and accordingly affirm his convictions.

1. In two of his enumerations, appellant maintains that the trial court erroneously failed to direct verdicts of acquittal as to the burglary and aggravated assault charges. Because appellant made no such motions at trial, the trial court did not err in failing sua sponte to direct verdicts on the two counts. Fletcher v. State, 159 Ga.App. 789(6), 285 S.E.2d 762.

2. In his motion for new trial, appellant attacked the sufficiency of the state's evidence concerning the burglary and aggravated assault charges. After reviewing the trial transcript, we are convinced that a rational trier of fact could find beyond a reasonable doubt that appellant, without authority, entered the dwelling house of another with intent to commit a felony (criminal damage to property) therein, and that appellant assaulted a deputy sheriff by firing a shotgun at him. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560). In light of this evidence, the trial court did not err when it denied appellant's motion for a new trial.

Judgment affirmed.

BIRDSONG and SOGNIER, JJ., concur.

To continue reading

Request your trial
4 cases
  • Nelson v. State
    • United States
    • Georgia Court of Appeals
    • 28 d2 Fevereiro d2 2006
    ...verdict of acquittal sua sponte on these counts. See McCord v. State, 182 Ga. App. 586(1), 356 S.E.2d 689 (1987); Williams v. State, 161 Ga.App. 400(1), 288 S.E.2d 338 (1982). Nonetheless, since Nelson challenges the sufficiency of the evidence to support his conviction on all counts, his c......
  • McCord v. State, 73734
    • United States
    • Georgia Court of Appeals
    • 9 d4 Abril d4 1987
    ...err by failing to direct a verdict sua sponte. Fletcher v. State, 159 Ga.App. 789, 790(6), 285 S.E.2d 762 (1981); Williams v. State, 161 Ga.App. 400(1), 288 S.E.2d 338 (1982). 2. Appellant contends the trial court erred by failing to charge the jury that the burden was on the State to prove......
  • Howard v. Fincher, 62883
    • United States
    • Georgia Court of Appeals
    • 25 d4 Fevereiro d4 1982
  • Cale v. Cale, 63035
    • United States
    • Georgia Court of Appeals
    • 24 d3 Fevereiro d3 1982
    ... ... State Court order dated July, 1981, adjudging appellant liable in garnishment of his employer Eastern Airlines for the sum sought by his former wife. No ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT