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Johnson v. State

A divided Court held that speech alone can constitute misdemeanor obstruction where, as here, it hinders an officer in the lawful discharge of his official duties.

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A jury convicted Gregory Bernard Johnson of misdemeanor obstruction of an officer, and he appeals. Johnson argues that the evidence was not sufficient to sustain the conviction, and that the trial court erred in denying several of his requests to charge the jury. For the reasons that follow, we affirm.

Evidentiary challenges in the appeal of criminal convictions are viewed in the light most favorable to the verdict. Chambers v. State, 252 Ga. App. 190, 190 1 556 SE2d 444 2001. On appeal the defendant no longer enjoys the presumption of innocence, and the appellate court determines not the credibility of the witnesses or the weight of the evidence, but rather its sufficiency; that is, it determines whether any rational trier of fact could find the evidence sufficient to establish the defendant’s guilt beyond a reasonable doubt. Id.

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