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Moore v. State

The trial court did not abuse its discretion in refusing to strike for cause a prospective juror, whose son-in-law was a sheriff's deputy, since the prospective juror's voir dire responses did not show a formed opinion of the defendant's guilt or innocence, which was so fixed and definite that he would be unable to set it aside.

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A jury found David Lee Moore guilty of committing two counts of aggravated assault and burglary. Moore appeals, contending insufficient evidence supports his convictions and that the trial court should have excused a juror for cause. Finding no merit in these contentions, we affirm. 1. On appeal, we must view the evidence “in the light most favorable to the verdict and the appellant no longer enjoys the presumption of innocence; moreover, on appeal this court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.” Citation and punctuation omitted. Williams v. State , 217 Ga. App. 636, 638 3 458 SE2d 671 1995. Viewed in this light, the record shows that, on January 25, 2002, the two victims, Diane Webb and Rischelle Johnson, were caring for children in Webb’s home when they heard a knock at the door between 10:00 a.m. and 11:00 a.m. Because Webb was expecting a visitor, she went to the door and opened it without inquiring about who was there. When she opened the door, a masked gunman pushed his way into her apartment, threatened to kill her, and demanded her purse. After taking the purse, the gunman ordered the women and children to go to the back of the apartment where they hid in a closet. When Webb heard the apartment door close five minutes later, she ran to it and locked it while her friend called 911.

The gunman was wearing a gray hooded shirt, tan pants, and white tennis shoes. Johnson testified that the gun used by the intruder was a nine millimeter with a silver top and black handle. Neither Webb nor Johnson could identify Moore as the gunman at trial.

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