350 S.E.2d 828 | Ga. Ct. App. | 1986
Appellant was convicted of theft, criminal possession of explosives, and two counts of attempted murder. On appeal he contends the evidence presented at trial was not sufficient to support the convictions for attempted murder.
The indictment named appellant’s wife and her former boyfriend as the victims of the attempted murder. Several witnesses testified that appellant had threatened to kill the pair, and two witnesses stated that appellant had spent two nights under the porch of his mobile home with a .410 pump shotgun, waiting for the two victims to drive by. Appellant’s wife testified she left appellant on July 10 and was transported from appellant’s home by her former boyfriend’s sister-in-law. On the morning of July 15, the male victim’s brother found a stick of dynamite and blue and yellow wiring attached to the family car. Earlier that week appellant had displayed a stick of dynamite to a friend and told him he was going to place it under the car used by the family of his wife’s boyfriend. Detonating wire similar to that attached to the dynamite was found in appellant’s bedroom closet.
In the early morning hours of July 15, appellant was arrested in
The above-summarized evidence was sufficient to support appellant’s convictions for attempted murder. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); OCGA §§ 16-4-1 and 16-5-1. Appellant maintains his convictions cannot be sustained in light of the testimony that appellant was booked at 1:00 a.m. on July 15, and the testimony of the male victim’s brother that he parked the car at 1:30 a.m., July 15. Appellant concludes that it was impossible for him to have placed dynamite under the car after 1:00 a.m., and that therefore his convictions cannot stand. We disagree. While cross-examining the investigator for the Bartow County Sheriff’s office, counsel for appellant asked whether his investigation revealed how long the car had been in the place where it was found with the dynamite. The investigator responded that the car was placed there at approximately 9:00 p.m., July 14. Thus, a question of fact was presented to the jury, and it was authorized to come to the conclusion it ultimately reached.
Judgment affirmed.