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Carder v. State

The defendant pulled a 6-inch blade from his pocket and lunged at the victim.

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Robert Gene Carder was convicted of aggravated assault and carrying a concealed weapon.1 He appeals from the denial of his motion for new trial, contending that there was insufficient evidence to support the verdict. We disagree and therefore affirm. On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the state’s case, the jury’s verdict will be upheld.Citation omitted. Millender v. State , 286 Ga. App. 331 1 648 SE2d 777 2007. So viewed, the evidence shows that the victim was employed by Ingles Supermarket in Bartow County. On the night of September 24, 2003, the victim was restocking an item when he saw appellant in the produce section with a cart full of grocery items. The victim recognized appellant from a prior incident at the store, became concerned and began to watch appellant.

A few seconds later, the victim saw appellant quickly push the cart out the exit door without paying for the groceries. The victim ran after appellant, who tripped and fell to the ground. Appellant got up and told the victim that he had a knife. He then pulled a knife with a six-inch blade out of his pocket with his right hand, and lunged at the victim. Frightened, the victim stepped away from appellant, who fled from the parking lot. The victim called the police. After speaking with an investigator assigned to the case, the victim identified appellant from a photographic lineup.

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