Jones v. State
326 Ga. App. 151
| Ga. Ct. App. | 2014Background
- Marquel C. Jones was convicted of aggravated assault, aggravated battery, and possession of a firearm during the commission of a felony; he appeals the denial of a motion for new trial.
- On appeal, the standard is to view the evidence in the light most favorable to the verdict, with no presumption of innocence.
- The victim, Jones’s former girlfriend, argued with two of her cousins about pending charges against a cousin’s brother; Jones arrived, argued with the victim, and allegedly used a gun to threaten her.
- The victim testified that Jones held a gun to her side, a gunshot occurred, and the bullet caused permanent paralysis; Jones claimed the shooting was accidental during a struggle and that he did not know the victim was shot.
- One cousin testified she did not see a gun and denied statements to police; the court noted credibility is for the factfinder and that a single witness can be sufficient to establish a fact; Jones’s trial occurred before the 2013 Evidence Code changes, so the prior code applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to sustain the convictions? | Jones argues insufficient evidence. | State contends evidence supports guilt beyond a reasonable doubt. | Yes, sufficient beyond reasonable doubt. |
| Can credibility disputes defeat the verdict where conflicts exist in testimony? | Jones argues victim credibility undermines the verdict. | Jury decides credibility; conflicts resolved in favor of verdict. | Credibility is for the jury; conflicts do not render the verdict unlawful. |
| Is a single witness adequate to establish a factual element? | Not specified beyond general credibility issues. | Single witness may establish a fact. | Yes, a single witness can be sufficient. |
Key Cases Cited
- Reese v. State, 270 Ga. App. 152, 523 (607 SE2d 165) (Ga. App. 2004) (evidentiary standard on appeal: view evidence in light favorable to verdict)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard for criminal convictions)
- Falay v. State, 320 Ga. App. 781 (Ga. App. 2013) (recognizes standard of review for credibility and conflicts)
- Smith v. State, 302 Ga. App. 222 (Ga. App. 2010) (jury credibility determination; weigh testimony lies with factfinder)
- Knight v. State, 311 Ga. App. 367 (Ga. App. 2011) (jury may believe or disbelieve all or any part of testimony)