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Howe v. State

The evidence that the defendant struck his wife in the head, bit her on the back and held his 8-week-old son out of a moving vehicle was sufficient to support his conviction for family violence simple battery and reckless conduct.

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Following a bench trial, Jarius Howe was convicted of family violence simple battery and reckless conduct. He challenges the sufficiency of the evidence. We affirm.

Following a criminal conviction, we view the evidence in the light most favorable to the verdict, and the presumption of innocence no longer applies; further, an appellate court does not weigh the evidence or judge witness credibility, but rather determines whether the adjudication of guilt is supported by sufficient competent evidence. When the sufficiency of the evidence is challenged, we use the test established by Jackson v. Virginia1 to determine whether the evidence was sufficient for any rational trier of fact to find the defendant guilty of the crimes charged. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the state’s case, the jury’s verdict will be upheld. In bench trials, the findings of the trial court will not be set aside unless clearly erroneous.2

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