Legal Opinion

Kenny v. State

Court of Appeals of Georgia

Decided April 21, 2011No. A11A0018Published

1Opinion of the Court

Doyle, Judge.

Thomas Kenny was convicted of aggravated assault 1 following a bench trial. He challenges the sufficiency of the evidence in this out-of-time appeal. We affirm, for reasons that follow.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence. We do not weigh the evidence or assess witness credibility, but merely determine whether the evidence was sufficient to find the defendant guilty of the charged offense beyond a reasonable doubt. 2

So viewed, the evidence shows that…

2Cases cited6 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Fair v. StateSupreme Court of Georgia · 2008
  3. Lightning v. StateCourt of Appeals of Georgia · 2009
  4. Zachery v. StateCourt of Appeals of Georgia · 1991
  5. Blazer v. StateCourt of Appeals of Georgia · 2004

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