Lomax v. State
319 Ga. App. 693
Ga. Ct. App.2013Background
- Lomax was convicted by a Jackson County jury of aggravated assault, terroristic threats, and possession of a gun during the commission of a felony, and was sentenced to 25 years with 10 to serve.
- The State presented a victim who testified Lomax had a gun, shot him, and made a hostile statement after the shooting.
- A neighbor heard a gunshot and a woman shout, and Lomax fled the scene.
- A responding officer observed blood on the victim’s property but no shell casings.
- The victim identified Lomax from a photo array the day after the incident and again at trial.
- Lomax challenged the sufficiency of the evidence, including an alternative theory that the victim shot himself.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault | Lomax; victim’s testimony alone suffices | Lomax; self-shot theory undermines proof | Yes; evidence supports conviction beyond reasonable doubt |
| Sufficiency of evidence for terroristic threats | Lomax threatened to kill; corroboration exists | Insufficient corroboration; no threat proved | Yes; corroboration supports conviction |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of evidence)
- Obeginski v. State, 313 Ga. App. 567 (Ga. Ct. App. 2012) (single witness may establish fact in some contexts)
- Farris v. State, 290 Ga. 323 (Ga. 2012) (jury resolves credibility and conflicts)
- Nelson v. State, 277 Ga. App. 92 (Ga. Ct. App. 2005) (corroboration for threat sufficiency)
- Martin v. State, 219 Ga. App. 277 (Ga. Ct. App. 1995) (corroboration is for the jury to decide)
- Nassau v. State, 311 Ga. App. 438 (Ga. Ct. App. 2011) (focus on conduct and corroboration in terroristic threats)
- State v. Canup, 300 Ga. App. 678 (Ga. Ct. App. 2009) (circumstantial evidence considerations; “reasonable hypothesis” rule)