Legal Opinion

Stewart v. State

Court of Appeals of Georgia

Decided June 5, 2008No. A08A0883PublishedCited by 7 opinions

1Opinion of the Court

Adams, Judge.

John Clifford Stewart was tried and convicted of false imprisonment, of aggravated assault, of terroristic threats, and on two counts of cruelty to children. On appeal he contends the State failed to disprove his affirmative defense of involuntary intoxication and that, as a result, the evidence was insufficient to support the convictions.

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…

2Cases cited7 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Carter v. StateCourt of Appeals of Georgia · 2001
  3. Brown v. StateCourt of Appeals of Georgia · 2004
  4. Foster v. StateSupreme Court of Georgia · 2008
  5. Strickland v. StateSupreme Court of Georgia · 1988

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

3Cited by7 opinions

  1. Coats v. StateCourt of Appeals of Georgia · 2010
  2. O'NEILL v. StateSupreme Court of Georgia · 2009
  3. KOLDEWEY v. StateCourt of Appeals of Georgia · 2011
  4. Branford v. StateCourt of Appeals of Georgia · 2009
  5. MacKey v. StateCourt of Appeals of Georgia · 2009

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

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