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McClain v. State

The trial court properly allowed the victim to testify over defendant's competency objection based on the witness's answers to questions about his name, age, education, occupation and family members.

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Johnny Isaiah McClain appeals from his conviction of aggravated assault, contending insufficient evidence supports his conviction and that the trial court erred in allowing an incompetent witness to testify. For reasons that follow, we affirm.

1. We must review McClain’s “challenge to the sufficiency of the evidence under the standard of Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979, construing the evidence and all reasonable inferences from the evidence most strongly in favor of the jury’s verdict.” Sims v. State, 226 Ga. App. 116 1 486 SE2d 365 1997. Viewed in this light, the record shows that McClain, along with Lashon Holloway and Ramato Kent, were indicted for the aggravated assault of a fellow inmate, Matthew Shawn Morgan. The victim, who was hospitalized for almost three months after the assault, testified that he did not know who assaulted him and that he had no memory of the assault. Another inmate testified that he saw the defendant, along with the other two men, stomping and kicking the victim. At trial, Holloway and Kent denied that the defendant participated in the assault with them. Both of these men were impeached by a tape-recorded statement in which they admitted the defendant’s participation.

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