State v. Jackson

Benham, Justice.

The State brought this appeal pursuant to OCGA § 5-7-1 (a) (8), seeking this Court’s review of the trial court’s grant of a motion for new trial on the ground that the evidence was legally insufficient for the jury to convict appellee Marcus Jackson of murder and related charges for the death of the victim Brandon Horton.1 Because the *10trial court was reviewing the legal sufficiency of the evidence pursuant to Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979) and not pursuant to OCGA § 5-5-21, the trial court was not acting as the “thirteenth juror”2 and…