Legal Opinion

Stillwell v. State

Court of Appeals of Georgia

Decided September 23, 2014No. A14A1193PublishedCited by 10 opinions

1Opinion of the Court

BARNES, Presiding Judge.

Following the denial of his motion for new trial, Herman A. Stillwell appeals his burglary conviction. On appeal, Stillwell contends that the trial court erred in refusing to instruct the jury on mistake of fact and trespass. Following our review, we affirm.

On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. Resolving…

2Cases cited8 opinions

  1. Anthony v. StateCourt of Appeals of Georgia · 2012
  2. Jones v. StateSupreme Court of Georgia · 1994
  3. Price v. StateSupreme Court of Georgia · 2011
  4. Hiley v. StateCourt of Appeals of Georgia · 2000
  5. Skaggs-Ferrell v. StateCourt of Appeals of Georgia · 2004

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3Cited by10 opinions

  1. Huntley v. StateCourt of Appeals of Georgia · 2015
  2. Paul v. StateCourt of Appeals of Georgia · 2015
  3. LAW v. the STATE.Court of Appeals of Georgia · 2019
  4. Clemon Antrone Huntley A/K/A Clemon Antwon Huntley v. StateCourt of Appeals of Georgia · 2015
  5. Darius Rashun Campbell v. StateCourt of Appeals of Georgia · 2021

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