Montgomery v. State

Birdsong, Presiding Judge.

Fred Montgomery appeals his judgment of conviction of armed robbery, aggravated assault and simple battery. His sole enumeration is that “the trial court erred in allowing testimony of the pretrial identifications by the alleged victim and allowing her to make an in-court identification of the appellant.” Held:

1. On appeal the evidence must be viewed in the light most favorable to support the verdict, and appellant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine…