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Simmons v. State

The trial court did not improperly express an opinion on defendant's guilt by responding to a jury hypothetical..

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Wayne Darryl Simmons appeals from the trial court’s denial of his motion for new trial after being convicted by a jury for kidnapping, aggravated assault, and possession of a firearm by a convicted felon.

When reviewing a conviction, this Court must determine ‘whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ Emphasis in original. Jackson v. Virginia, 443 U. S. 307, 319 99 SC 2781, 61 LE2d 560 1979. Any inconsistencies in the victim’s and witnesses’ testimony, . . . go to the weight and credibility of the witnesses’ testimony; such issues are for the jury to weigh. Sherman v. State, 225 Ga. App. 869 485 SE2d 557 1997; Jones v. State, 220 Ga. App. 236 469 SE2d 379 1996. ‘This Court determines only the legal sufficiency of the evidence adduced below and does not weigh the evidence or assess the credibility of the witnesses.’ Citation and punctuation omitted. Kapua v. State, 228 Ga. App. 193, 195 491 SE2d 387 1997.

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