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Lemon v. State

The defendant's admission that he placed the victim in a headlock for 1-2 minute by wrapping his arm around her neck, after which she fell to the floor, constituted direct evidence that he choked her.

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A jury found Glenn Carl Lemon guilty of involuntary manslaughter in connection with the death of his girlfriend, Annette Wooten.1 Lemon appeals, challenging the sufficiency of the evidence. For reasons that follow, we affirm. In reviewing Lemon’s challenge, we construe the evidence favorably to the jury’s verdict. McKenzie v. State , 283 Ga. App. 555 642 SE2d 187 2007. We do not weigh the evidence or resolve issues of witness credibility, but merely determine whether the jury was authorized to find Lemon guilty beyond a reasonable doubt. Id. at 555-556.

So viewed, the evidence shows that on April 26, 2003, Lemon called 911 to report that Wooten was unconscious in their home. Lemon met the responding officers and directed them to Wooten, who was on the floor, unresponsive. Paramedics attempted to revive Wooten, then took her to the hospital. She never regained consciousness and was declared brain dead a few days later.

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