X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Terry Eugene Richey a/k/a Jack Frost was indicted by a Chatham County grand jury on four counts of aggravated assault with a deadly weapon, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. He was also charged as a recidivist under OCGA § 17-10-7. The jury found him guilty of three counts of aggravated assault and possession of a firearm during the commission of a crime. The trial court directed a verdict of not guilty as to one count of aggravated assault, and the State nol prossed the charge of possession of a firearm by a convicted felon. Richey’s trial counsel filed a pattern motion for new trial which was amended by appellate counsel to allege the same issues raised on appeal. After a hearing, the trial court entered an order addressing each issue and denying the motion for new trial. Richey appeals, asserting four enumerations of error. Finding no reversible error, we affirm. 1. Richey raises the general grounds. Construed in favor of the jury’s verdict, the evidence shows that the victim was standing outside his home with some friends when a car full of young men drove by, yelled a threat to “shoot this s —t up,” and sped off. A friend of the victim identified Richey as the driver of that car. Concerned that they had mistaken him for someone else, the victim and the friend followed them to ask why they had made the threats. When the victim found the car in a nearby apartment complex, he got out of his car to look for the former occupants. A man came running towards the car and held a pistol to the friend’s head, and Richey walked past him carrying a rifle. At that point, the victim testified, Richey accosted him and without warning shot him with the rifle he was carrying. At least one more shot was fired after the first one struck the victim. Richey claimed that the victim had a pistol, but the victim and his companion both denied it. The occupants of a nearby apartment testified that they heard shots, and a bullet passed through their apartment, narrowly missing both of them. When one of the occupants looked out of the window, she saw the victim lying on the ground. The victim and an eyewitness to the shooting positively identified Richey as the shooter; the eyewitness knew Richey by name.

Richey addresses the general grounds only with respect to the victim who was wounded. This victim positively identified Richey as the man who shot him, and an eyewitness testified that she knew Richey and saw him fire the rifle several times. While Richey points to various inconsistencies in the testimony of the witnesses and asserts that the eyewitness was prejudiced against him, these matters were “inherently for the jury’s determination. This court cannot substitute its judgment on the issue of credibility for that of the jury. The testimony of a single witness, even if inconsistent, is legally sufficient as long as there is some competent evidence to make out the State’s case, as there was here.” Citations and punctuation omitted. Smith v. State , 237 Ga. App. 852, 853 1 521 SE2d 7 1999. The evidence was more than adequate to support the jury’s verdict.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

The University of Iowa College of Law anticipates hiring lateral faculty members in the areas of Family Law and Business Law. APPLICATION ...


Apply Now ›

NY auto defense firm seeks experienced TRIAL ATTORNEY to do trials, motions, court appearances, and depositions.Salary range 115K-150K depen...


Apply Now ›

The New York State Unified Court System is one of the largest court systems in the nation with over 16,000 judges and non-judicial employees...


Apply Now ›