Maddox v. State

I believe that, with reference to the appropriate standard for reviewing the denial of a motion for directed verdict, this court should follow Conger v. State, 250 Ga. 867 (301 SE2d 878) (1983), rather than Lee v. State, 247 Ga. 411 (276 SE2d 590) (1981). The Conger case is a later expression of the Georgia Supreme Court than Lee, and represents a unanimous decision. By contrast, Lee, in addition to being an earlier decision, contains a dissent. Moreover, Conger, at 870, employs the words of the controlling statute: “Nor can we agree with the defendant that the trial court erred in failing to…