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Fox v. State

Citations

  • 709 S.E.2d 202
  • 289 Ga. 34
  • 2011 Fulton County D. Rep. 425
  • 2011 Ga. LEXIS 148

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding there was no prejudice in failing to object to testimony where there was otherwise strong evidence of appellant’s guilt
  • applying the standard of review announced in Jackson v. Virginia, 443 U. S. 307, 319 (99 SCt 2781, 61 LE2d 560) (1979
  • reversing armed robbery conviction where there was no evidence which might support an inference that the defendant had to confront the victim before taking her wallet from her house
  • reversing armed robbery conviction where evidence supported two reasonably equal hypotheses, one being that defendant entered victim’s home surreptitiously, took possession of victim’s money, and only then encountered and shot victim
  • in order to sustain armed robbery conviction, evidence must show that weapon was used “ ‘as a concomitant to a taking [involving] the use of actual force or intimidation ... against another person’ ”
  • circumstantial evidence was insufficient to support to support an armed robbery conviction when it could support two equally reasonable hypothesis – that the defendant took the items before confronting victim with a weapon or after confronting victim

Source: CourtListener parenthetical corpus (CC0).

Judges: Nahmias

Read full opinion on CourtListener

Cited by

18 cases in this archive cite this case.

Cites

7 cases in this archive are cited by this case.

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