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McLEOD v. THE STATE

Court of Appeals of Georgia2000-08-24No. A00A1549
245 Ga. App. 668538 S.E.2d 759

Summary

Holding. The appellate court affirmed the jury's guilty verdicts on all counts, finding sufficient evidence under Jackson v. Virginia to support both the felony obstruction conviction based on kicking the officer and the aggravated assault conviction based on chasing with an axe.

Wanda Braswell McLeod was convicted by jury of aggravated assault, felony obstruction of a law enforcement officer, and misdemeanor disorderly conduct. On appeal, she argued the evidence was inadequate to support her felony convictions. The appellate court reviewed the evidence under the Jackson v. Virginia standard, which requires only that some competent evidence support each element of the charges, with conflicts in testimony left to the jury to resolve.

The court found sufficient evidence for both felony convictions. A deputy sheriff testified that McLeod resisted arrest by cursing and kicking him in the groin area, which satisfied the requirement for felony obstruction—using or offering violence against an officer in the lawful discharge of duties. The same deputy also testified that McLeod chased her fleeing husband while wielding an axe held above her head, which was adequate evidence of aggravated assault, as an axe is a deadly weapon capable of causing serious bodily injury when used offensively.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Sufficiency of evidence for felony obstruction of a law enforcement officer
  • Sufficiency of evidence for aggravated assault with a deadly weapon
  • Standard of appellate review for criminal convictions
  • Whether testimony of single witness can sustain conviction elements

Procedural posture

This is an appeal from a criminal conviction in which the defendant challenged the sufficiency of evidence supporting her felony convictions.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Miller, Judge.

Wanda Braswell McLeod was tried before a jury and found guilty of aggravated assault, felony obstruction of a law enforcement officer, and misdemeanor disorderly conduct. On appeal, she contends the evidence is insufficient to sustain her felony convictions. We affirm.

1. On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the jury’s verdict of guilt, and the presumption of innocence no longer applies. An appellate court does not weigh the evidence nor judge the credibility of the witnesses but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia. “The testimony of a single witness is generally sufficient to establish a fact.” Conflicts in the testimony of the witnesses, including the State’s witnesses, are a matter of credibility for the jury to resolve. So long as there is some competent evidence, even though contradicted, to support each element of the State’s case, the jury’s verdict will be upheld.

Decided August 24, 2000.

Straughan & Straughan, Mark W. Straughan, for appellant.

Timothy G. Vaughn, District Attorney, Russell P. Spivey, Assistant District Attorney, for appellee.

2. A person commits felony obstruction when he knowingly and wilfully resists, obstructs, or opposes any law enforcement officer in the lawful discharge of his duties “by offering or doing violence to the person of such officer. . . .” The testimony of Dodge County Deputy Sheriff Ed White that McLeod resisted his initial attempt to arrest her for disorderly conduct by cursing and kicking him in the groin area is sufficient under the standard of Jackson v. Virginia that McLeod is guilty, beyond a reasonable doubt, of felony obstruction of a law enforcement officer as alleged in Count 2 of the indictment.

3. A person commits aggravated assault by committing an assault “[w]ith a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to . . . result in serious bodily injury.” An axe or a hatchet, when used offensively, is capable of serious bodily injury. Deputy White’s testimony that McLeod chased after her fleeing husband with an axe raised over her head is sufficient to authorize the jury’s verdict that she is guilty, beyond a reasonable doubt, of the aggravated assault alleged in Count 1 of the indictment.

Judgment affirmed.

Pope, P. J., and Mikell, J., concur.

Bohannon v. State, 208 Ga. App. 576 (1) (431 SE2d 149) (1993).

443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

OCGA § 24-4-8.

Ringo v. State, 236 Ga. App. 38, 39 (510 SE2d 893) (1999).

OCGA § 16-10-24 (b).

Supra.

Jones v. State, 242 Ga. App. 357, 358-359 (1) (529 SE2d 644) (2000). Accord Duitsman v. State, 212 Ga. App. 348 (1) (441 SE2d 888) (1994) (scuffling with and kicking arresting officers is sufficient).

OCGA § 16-5-21 (a) (2).

See, e.g., Nixon v. State, 101 Ga. 574, 577 (28 SE 971) (1897); James v. State, 68 Ga. App. 765, 767 (1) (b) (24 SE2d 149) (1943).