Bartlett v. State

Jesse Raymond Bartlett was tried before a jury and, notwithstanding his acquittal on a charge of burglary, was found guilty of aggravated assault, terroristic threats, possession of a firearm during the commission of a crime, and cruelty to children in the second degree two counts. Bartlett appeals from the denial of his motion for new trial. In five related enumerations of error, he urges the evidence is insufficient to support any of his convictions. We affirm.

On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. An appellate court does not weigh the evidence or judge the credibility of the witnesses but only determines whether the evidence to convict is sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. Conflicts in the testimony of the witnesses, including the State’s witnesses, are a matter of credibility for the jury to resolve. So long as there is some competent evidence, even though contradicted, to support each element of the State’s case, the jury’s verdict will be upheld.1