Legal Opinion

Burchett v. State

Court of Appeals of Georgia

Decided January 12, 2007No. A06A2316PublishedCited by 10 opinions

1Opinion of the Court

Ellington, Judge.

After a bench trial, the State Court of Forsyth County convicted Bradley Burchett of possession of an alcoholic beverage by a person under 21 years of age, OCGA § 3-3-23 (a) (2). Burchett appeals, contending the evidence was insufficient as to venue and as to the elements of the offense. Finding no error, we affirm.

Upon a finding of guilt following a bench trial, the presumption of innocence no longer applies, and on appeal, the appellate court construes the evidence in favor of the judge’s findings of fact. The appellate court does not weigh the evidence or determine witness…

2Cases cited7 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Jones v. StateSupreme Court of Georgia · 2000
  3. May v. StateCourt of Appeals of Georgia · 1986
  4. Lee v. StateCourt of Appeals of Georgia · 1991
  5. Hadaway v. StateCourt of Appeals of Georgia · 1989

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Budhani v. StateSupreme Court of Georgia · 2019
  2. Muckle v. StateCourt of Appeals of Georgia · 2011
  3. Boyd v. StateCourt of Appeals of Georgia · 2008
  4. In the Interest of A. Z.Court of Appeals of Georgia · 2009
  5. Stroud v. StateCourt of Appeals of Georgia · 2007

5 more not listed; retrieve them via the Exa API.

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