394 S.E.2d 577 | Ga. Ct. App. | 1990
Defendant was indicted in four counts for criminal attempt (to commit burglary), possession of a knife during the commission of a
Defendant asserts the general grounds, arguing that the eyewitness testimony of the two minor children was unbelievable; that his explanation of presence at the scene of the crime and flight from law enforcement officers outweighed the State’s inculpatory evidence and that his presence at the scene of the crime was insufficient to support the convictions. These arguments are without merit.
The evidence was more than sufficient to authorize the jury to find the defendant guilty beyond a reasonable doubt of the crimes charged. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560). “We will not speculate as to what evidence the jury chose to believe or disbelieve; on appeal we are bound to construe the evidence with every inference and presumption in favor of upholding the jury’s verdict. Mills v. State, 137 Ga. App. 305, 306 (223 SE2d 498). Where the testimony of the State and that of the defendant is in conflict, the jury is the final arbiter. Sims v. State, 137 Ga. App. 264 (223 SE2d 468).” Roberson v. State, 183 Ga. App. 268 (1), 269 (358 SE2d 659).
Judgment affirmed.