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Lewis v. State

The defendant could not claim surprise at the indictment's obvious error in the date of the child cruelty charge, since the victim had been deceased for nearly one month prior to the July 7, 2008, date alleged in the indictment.

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Wade Lewis, Jr. was convicted of involuntary manslaughter and cruelty to children in the first degree. Lewis’s motion for a new trial was denied, from which he appeals. Lewis contends that the evidence was insufficient to sustain his convictions and that the trial court erred in denying his motion for continuance, in denying his motion to strike a prospective juror for cause, and in overruling his hearsay objection to certain testimony from the medical examiner. Lewis further contends that his trial counsel provided ineffective assistance by failing to timely file a special demurrer to the cruelty to children charge in the indictment. For the reasons that follow, we affirm. 1. On appeal from a criminal conviction, we view the evidence in a light most favorable to the jury’s verdict to determine whether the evidence was sufficient to prove guilt beyond a reasonable doubt. See Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; Johnson v. State , 278 Ga. App. 66 1 628 SE2d 183 2006.

So viewed, the evidence at trial showed that Lewis and his wife were the parents of three children: a 2-year-old son, the 17-month-old victim, and a 3-month-old daughter. Lewis would often stay at home to care for the children while his wife was at work.

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