MCKIE v. the STATE.
Court of Appeals of Georgia
1DissentMcFadden, Presiding Judge
Because the evidence is legally insufficient to support McKie's conviction for possession of a firearm by a convicted felon, I respectfully dissent. A guilty plea was the only evidence the state introduced that McKie was a convicted felon. While this plea was circumstantial evidence of a conviction, it does not exclude "every other reasonable hypothesis." OCGA § 24-14-6. And closing arguments are not evidence. So McKie's conviction must be reversed.
1. Guilty plea.
The only evidence the state introduced relevant to the issue of whether McKie was a convicted felon is a copy of a document…
2Cases cited10 opinions
- Kovacs v. StateCourt of Appeals of Georgia · 1997
- Walker v. StateSupreme Court of Georgia · 2006
- Brantley v. StateSupreme Court of Georgia · 2000
- Krull v. StateCourt of Appeals of Georgia · 1993
- Smith v. StateSupreme Court of Georgia · 2007
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