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Ely v. State

Ely v. State, 285 S.E.2d 66 (Ga. Ct. App. 1981)
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Subsequent history: rev'd sub nom. Local 926, Int'l Union of Operating Engineers v. Jones, 460 U.S. 669 (1983). (read from the later opinion; check before relying)

Court
Court of Appeals of Georgia · State Appellate Courts
Decided
September 24, 1981
Docket
No. 62055
Judges
Sognier
Citations
285 S.E.2d 66159 Ga. App. 6931981 Ga. App. LEXIS 2773
Cited by 9 2 descriptions by later courts

Opinion of the Court — Sognier

Text extracted by OCR from a scanned original; check the original for exact wording.

Sognier, Judge.

Appellant was convicted of criminal trespass, simple battery and criminal damage to property. He contends it was error to deny his motion for a new trial because the evidence showed he was so intoxicated he could not form the specific intent necessary to sustain his conviction.

The evidence in this case was conflicting as to appellant’s degree of intoxication. Some witnesses described appellant as intoxicated, while others testified that he had been drinking but knew what he was doing. Code Ann. § 26-605 provides that criminal intention is a question of fact, and the trial court charged the jury that intent was an essential element of the offenses with which appellant was charged. The trial court also charged the jury, correctly, that if because of the influence of alcohol a person’s mind is so impaired that he is incapable of forming an intent to commit an act or understand the consequences of such an act, he would not be criminally responsible. See Johnson v. State, 235 Ga. 486, 490 (1) ( 220 SE2d 448 ) (1975). The jury resolved this issue adversely to appellant’s contention, and this court passes on the sufficiency of the evidence, not its weight, which is a question of fact for the jury. Dillard v. State, 147 Ga. App. 587, 588 ( 249 SE2d 640 ) (1978). As the evidence was sufficient to sustain the jury’s verdict, the trial court did not err in denying appellant’s motion for a new trial. See Baldwin v. State, 153 Ga. App. 35, 37 ( 264 SE2d 528 ) (1980).

Judgment affirmed.

Shulman, P. J., and Birdsong, J., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 9 cases

View all citing references →
1983: 11985: 11986: 11987: 11988: 11989: 11994: 12013: 219832026peak 2013 · 2

Relies on it most ⓘ

  1. Williams v. State350 S.E.2d 837 (Ga. Ct. App. 1986)
  2. Anderson v. State738 S.E.2d 285 (Ga. Ct. App. 2013)
  3. State Farm Fire & Casualty Company v. Morgan368 S.E.2d 509 (Ga. 1988)
  4. Cornwell v. State388 S.E.2d 353 (Ga. Ct. App. 1989)
  5. Hutter v. State305 S.E.2d 124 (Ga. Ct. App. 1983)
  6. Houck v. State326 S.E.2d 567 (Ga. Ct. App. 1985)

Most recent

  1. Dillard v. State744 S.E.2d 863 (Ga. Ct. App. 2013)
  2. Anderson v. State738 S.E.2d 285 (Ga. Ct. App. 2013)
  3. Odom v. State447 S.E.2d 704 (Ga. Ct. App. 1994)
  4. Cornwell v. State388 S.E.2d 353 (Ga. Ct. App. 1989)
  5. State Farm Fire & Casualty Company v. Morgan368 S.E.2d 509 (Ga. 1988)
  6. Smith v. State353 S.E.2d 35 (Ga. Ct. App. 1987)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Baldwin v. State, 264 S.E.2d 528 (Ga. Ct. App. 1980) 270
Johnson v. State, 220 S.E.2d 448 (Ga. 1975) 72
Dillard v. State, 249 S.E.2d 640 (Ga. Ct. App. 1978) 32

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