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Stewart v. State

Evidence that defendant broke into victim's apartment, hid in her closet with a gun in his hand and threatened to kill her when she came home supported his convictions for burglary and aggravated assault.

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Following a jury trial, Vincent Stewart appeals his conviction of aggravated assault and burglary, contending that the evidence was insufficient to support the convictions. Because we find the convictions were supported by the evidence at trial, we affirm.

On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the appellant no longer enjoys a presumption of innocence. An appellate court determines only the legal sufficiency of the evidence adduced below and does not weigh the evidence or assess the credibility of the witnesses. To sustain the conviction, the evidence must be sufficient to authorize the jury’s finding of the defendant’s guilt of the crime charged beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. . . . 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.

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