Browse Caselaw

The evidence was sufficient to support the verdict. On appeal, the presumption of innocence no longer prevails. This Court views the evidence in the light most favorable to the verdict and does not speculate which evidence the jury chose to believe or disbelieve. Gurlaskie v. State, 196 Ga. App. 794 (1) (397 SE2d 66) (1990). At trial, the victim testified that he returned home one evening and found Williams coming out of the bedroom. The victim fought with Williams and injured and detained him until police arrived. Police discovered the window and handleon the rear door were broken and found exercise bikes, weights, and radios belonging to the victim in or near Williams' car. The victim testified that he had not given Williams permission to enter his house or to remove any property. Williams testified that he entered the house because the victim's neighbor, Ronald Washington, told him he could purchase some weights there. Washington testified he did not tell Williams that anyone was selling weights. The credibility of the witnesses' testimony is determined by the jury, and they, being the exclusive judges of witness credibility, may accept whatever evidence they deem most reasonable and credible. See Upshaw v. State, 221 Ga. App. 655, 656 (472 SE2d 484) (1996). The evidence was sufficient for any rational trier of fact to find Williams guilty of burglary beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Black v. State, 222 Ga. App. 80 (473 SE2d 186) (1996). Moreover, assuming he presented a "claim of right" defense, this evidence was sufficient to disprove such a defense beyond a reasonable doubt.