Willingham v. State

The victim's pretrial identification of the defendant from a photo lineup supported his conviction, even though the officer constructed the lineup based on information from the defendant's accomplice.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Charles Willingham appeals his conviction for the offense of armed robbery OCGA § 16-8-41, asserting that the trial court erroneously denied his motion for a directed verdict and his motion for a new trial. Willingham challenges the sufficiency of the evidence, specifically contending that his conviction must be reversed because it is based upon the uncorroborated testimony of an accomplice. But because there is evidence which, independently of the accomplice’s testimony, directly connects Willingham to the armed robbery, his contention is without merit. We affirm.

The standard of review for the sufficiency of evidence, in reviewing either a motion for a directed verdict or a motion for new trial, is whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LEd2d 560 1979; Humphrey v. State, 252 Ga. 525, 527 314 SE2d 436 1984. We view the evidence in the light most favorable to the verdict, and Willingham no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia. Conflicts in the testimony of the witnesses are a matter of credibility for the jury to resolve. Shabazz v. State, 229 Ga. App. 465, 466 1 494 SE2d 257 1997. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld. Id.

Willingham v. State

The victim's pretrial identification of the defendant from a photo lineup supported his conviction, even though the officer constructed the lineup based on information from the defendant's accomplice.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report