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Nichols v. State

Expert evidence showing that the victim died as a result of strangulation effected by pressure from hands and ruling out smoke inhalation refuted the defense theory that the victim died as the result of a small house fire.

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Raymond Nichols appeals his conviction for malice murder in connection with the strangulation death of his mother, Alma Nichols. His sole challenge is that the evidence at trial was insufficient to convict him. Finding the challenge to be without merit, we affirm.1

Nichols contends that the verdicts were decidedly and strongly against the weight of the evidence and urges that there was evidence raising the possibility that someone else could have committed the murder, thereby creating reasonable doubt.2 But, the relevant inquiry when the sufficiency of the evidence is challenged on appeal is whether the evidence, viewed in a light most favorable to the verdict or verdicts, would authorize a rational trier of fact to find the appellant guilty beyond a reasonable doubt of the crime or crimes charged. Cutrer v. State, 287 Ga. 272, 274 695 SE2d 597 2010, citing Jackson v. Virginia, 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979. Nichols appears to maintain that the evidence is solely circumstantial. Even accepting that premise, in the case of circumstantial evidence, in order to warrant a conviction the proved facts must be consistent with the hypothesis of guilt and exclude every other reasonable hypothesis save that of the guilt of the accused. OCGA § 24-4-6; Cutrer v. State, supra at 274. Questions about the reasonableness of hypotheses, which would include the possibility of another perpetrator, are for the jury to decide in cases predicated on circumstantial evidence. Id.; Sims v. State, 278 Ga. 5871 604 SE2d 799 2004.

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