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Brown v. State

The defendant cut his wife multiple times with a decorative sword, forced his wife and son into a bathroom, threatened to kill them and stabbed his son through the abdomen.

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A Gwinnett County jury found Daryll Brown guilty beyond a reasonable doubt of two counts of aggravated assault, OCGA § 16-5-21 a 2 with a deadly weapon; three counts of aggravated battery, OCGA § 16-5-24; kidnapping with bodily injury, OCGA § 16-5-40; and possession of a knife during the commission of a felony, OCGA § 16-11-106, all arising from a domestic dispute. Following the denial of his motion for new trial, Brown appeals, contending the evidence was insufficient, the trial court erred in charging the jury, and his counsel provided ineffective assistance. For the following reasons, we affirm. 1. Brown contends the evidence was insufficient to convict him of the crimes charged in the indictment.

On appeal, this Court reviews the evidence presented in the light most favorable to the prosecution, and the defendant no longer enjoys a presumption of innocence. Jackson v. Virginia , 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Milton v. State , __Ga. App.__ 614 SE2d 140 2005.

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