Lambert v. State
325 Ga. App. 603
Ga. Ct. App.2014Background
- Lambert moved into the victim’s house and sometimes received rides and alcohol from her; he had access to her Winchester 30-30 rifle.
- After the victim refused to buy him alcohol, Lambert became angry, came outside with the rifle, and forced the victim back into the house at gunpoint.
- Inside, Lambert made the victim get on the floor, pointed the rifle at her face and chest, said he had bullets for her and her granddaughter, and threatened to kill her.
- Lambert held the victim for about three hours; his sister contacted police, and his brother later received a phone call from Lambert in which Lambert said the victim was already dead.
- Police arrested Lambert when the victim left the house; officers recovered the Winchester rifle in the living room.
- A jury found Lambert guilty of aggravated assault, terroristic threats, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon; Lambert appealed the denial of his motion for new trial arguing insufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault (deadly weapon) | Victim’s testimony that Lambert held her at gunpoint and threatened to kill her supports aggravated assault | Lambert argued the victim was incredible and contradicted on points | Conviction affirmed; victim’s testimony alone sufficed and credibility is for the jury |
| Sufficiency of evidence for terroristic threats (uncorroborated testimony rule) | Victim testified Lambert threatened to murder her | Lambert argued statute bars conviction on uncorroborated victim testimony | Conviction affirmed; independent corroboration (brother’s phone testimony, sister’s prior inconsistent statement, rifle recovered) satisfied corroboration requirement |
| Possession of firearm during commission of a crime | State: convictions for aggravated assault and terroristic threats support the firearm-possession charge | Lambert argued if those underlying convictions lacked evidence, firearm-possession would fail too | Conviction affirmed because underlying offenses were supported by evidence |
| Use of prior conviction for felon-in-possession | State introduced prior rape conviction after verdict on other counts | Lambert did not challenge this conviction on appeal | Not contested on appeal (affirmed by default) |
Key Cases Cited
- Sidner v. State, 304 Ga. App. 373 (court reviews sufficiency viewing evidence in light most favorable to the verdict)
- Jackson v. Virginia, 443 U.S. 307 (federal standard for sufficiency of evidence review)
- Lomax v. State, 319 Ga. App. 693 (victim’s uncorroborated testimony can sustain aggravated assault)
- Schneider v. State, 312 Ga. App. 504 (corroboration need only be slight; jury decides sufficiency of corroboration)
- Mullins v. State, 298 Ga. App. 368 (evidence that a witness overheard threats can suffice as corroboration)
- Wilson v. State, 291 Ga. App. 263 (recovery of a gun near defendant shortly after incident can corroborate victim’s testimony)