Pittman v. State

PHIPPS, Presiding Judge.

After a jury trial, Nicholas Pittman was convicted of family violence battery 1 for kicking his brother. Pittman appeals, arguing that he lacked mental capacity to commit the offense as his behavior was “clearly attributable to the after-effects of [a] concussion” he had suffered one week earlier. We affirm the conviction.

On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the appellant no longer enjoys a presumption of innocence. An appellate court determines only the legal sufficiency of the evidence…