Hill v. State

James Anthony Hill appeals from the denial of his motion for new trial following his conviction by a jury, along with co-defendant Scott Davis, of robbery, burglary, and simple battery against Chester Leonard Davis, Sr., the father of Scott Davis.

1. Hill’s fifth enumeration of error, that the trial court erred in denying his motion for directed verdict, challenges the issue of the legal sufficiency of the evidence. OCGA § 17-9-1; Bright v. State, 238 Ga. App. 876, 877 1 520 SE2d 48 1999. Viewed with all inferences in favor of the jury’s verdict, Wilson v. State, 233 Ga. App. 327, 328 1 503 SE2d 924 1998, the evidence was that on December 18, 2000, Leonard Davis, Sr. was 73 years old and lived alone in the family home place. He suffered from lung problems, was on oxygen 24 hours a day, and was basically homebound. Scott Davis was the youngest of his nine children and had lived with Davis, Sr. in early 2000. Although his home did not have regular telephone service, one of Davis, Sr.’s daughters had given him a cell phone for emergencies and Davis, Jr., one of his sons, stopped by every morning and evening to check on him. Davis, Sr., who received Social Security and disability payments, did not believe in banks and was known to his family and friends to keep a lot of money on his person. Davis, Sr. wore nothing but overalls and kept two wallets, one in his front bib pocket containing his driver’s license, small bills, and a single $100 dollar bill. That bill had been given to him by his wife before she left for the hospital in 1967, asking him to keep it for her. She never returned home and Davis, Sr. kept the $100 bill until he died. In his back pocket, Davis, Sr. kept over $1,000 in cash.