State v. O'NEAL , 156 Ga. App. 384 ( 1980 )


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  • On Motion for Rehearing.

    We have carefully examined defendant’s pro se motion for rehearing and his previously filed “argument in support” and, although we find that some of defendant’s contentions are not relevant to the issues (such as the application of federal punishments in the case) and that others are resolved in the opinion, we conclude that defendant also is urging the general grounds. Denial of a motion for a new trial based on the general grounds was enumerated as error by defendant’s counsel although not addressed in counsel’s brief.

    “After a jury has returned a verdict of guilty and the defendant *387seeks reversal of his conviction by arguing that the trial court erred in failing to grant a motion for new trial on the general grounds, the only question presenting itself to the appellate court is whether there is sufficient evidence to support the verdict. [Cit.] It is the function of the jury, not the appellate court, to determine the credibility of witnesses and weigh any conflicts in the evidence. The appellate court views the evidence in a light most favorable to the jury’s verdict after it has been rendered. [Cits.]” Laws v. State, 153 Ga. App. 166 (1) (264 SE2d 700).

    The basis for defendant’s conviction is set out in the opinion. We find the evidence sufficient to authorize a rational jury to find defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560).

    Motion for rehearing denied.

Document Info

Docket Number: 60113, 60114

Citation Numbers: 274 S.E.2d 575, 156 Ga. App. 384

Judges: Quillian, Shulman, Carley

Filed Date: 9/8/1980

Precedential Status: Precedential

Modified Date: 10/18/2024