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Miller v. State

Evidence that the victim suffered clean cut from his forehead to his lip authorized jury to infer that the defendant used a sharp instrument to cause the wound.

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After a jury trial, James Miller was convicted of aggravated assault. He appeals, arguing that there is insufficient evidence to support the verdict, and that the trial court made erroneous evidentiary rulings and improperly became an advocate for the state. The arguments are without merit, and we thus affirm Miller’s conviction. 1. When reviewing a challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the verdict, and the appellant no longer enjoys the presumption of innocence.1 We do not weigh the evidence or determine witness credibility, but determine only if there is sufficient evidence from which a rational trier of fact could find the accused guilty of the charged offenses beyond a reasonable doubt.2

Viewed in the light most favorable to the verdict, the evidence shows that shortly after midnight on January 26, 2003, Miller went to Club Synergy in Macon with his brother, Jerold Miller, and Jerold’s fiancee. Miller drank at the club and was intoxicated by the time they left sometime between 1:30 and 2:00 in the morning. They then drove in Jerold’s car to another CityMaconnightspot, placePlaceNameClubPlaceNameSouthPlaceTypeBeach

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