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Lawskills.com Georgia Caselaw
TURNER v. THE STATE.
58236.
UNDERWOOD, Judge.
Burglary. Fulton Superior Court. Before Judge Alverson.
Appellant Turner was convicted of burglary in the Superior Court of Fulton County and received a sentence of five years. He made a motion for a new trial which was overruled; he appeals on the general grounds and we affirm.
Mrs. Erwin was called to her home by police and reported that nothing was missing but confirmed that two dresser drawers had been opened. She testified that she did not know Turner and had not asked him to report to her house for yard work. Turner testified that his car overheated and he pulled into the driveway for the purpose of getting water to put into his car. He further testified that he was in the process of leaving a note on the door advising of his availability to do yard work. Sergeant Bruce testified that Turner's car was backed up to the carport and that the trunk was open.
The evidence upon which Turner was convicted is circumstantial. However, the weight of the evidence and credibility of witnesses are matters to be determined by the jury. Tam v. Newsome, 141 Ga. App. 76 (232 SE2d 613) (1977); Kirkland v. Moore, 128 Ga. App. 34, 35 (195 SE2d 667) (1973), and the jury was authorized to reject Turner's explanation of why he was present at Mrs. Erwin's house. Gibson v. State, 143 Ga. App. 467, 469 (238 SE2d 562) (1977). No error in the trial has been shown, and after a review of the entire record, we find that a rational trier of fact could reasonably have found from the evidence adduced at trial proof of guilt of Turner beyond a reasonable doubt. Jackson v. Virginia, ---- U. S. ---- (99 SC ----, 61 LE2d 560).
H. Hutchinson, Vernon S. Pitts, Jr., for appellant.
SUBMITTED JULY 12, 1979 -- DECIDED SEPTEMBER 4, 1979.
Friday May 22 03:11 EDT


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