· 6/1/2015
Daughtie v. State
Citations
- 297 Ga. 261
- 773 S.E.2d 263
- 2015 Ga. LEXIS 365
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that in combination with other evidence, “a statement by a defendant, if disbelieved by the jury[,] may be considered as substantive evidence of the defendant’s guilt”
- explaining that “a statement by a defendant, if disbelieved by the jury may be considered as substantive evidence of the defendant’s guilt ... at least where some corroborative evidence exists for the charged offense”
- evidence that a gun was stolen by the owner’s friend and found behind a club by the defendant was insufficient to support conviction for theft by receiving stolen property
- because evidence shed no light on defendant’s knowledge of the handgun’s provenance, evidence was insufficient to enable a rational jury to find him guilty beyond a reasonable doubt of theft by receiving stolen property
- “If the State were correct that jury disbelief of a testifying defendant could sustain a conviction without anything more, it would render appellate review of the sufficiency of the evidence meaningless in any case in which the defendant exercised his right to testify.”
- counsel is not obligated to object to admissible evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Thompson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.