Morris v. State, 415 S.E.2d 485 (Ga. Ct. App. 1992). · Go Syfert
Morris v. State, 415 S.E.2d 485 (Ga. Ct. App. 1992). Cases Citing This Book View Copy Cite
43 citation events (30 in the last 25 years) across 1 distinct court.
Strongest positive: Brian Bailey v. State (gactapp, 2012-10-25)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Brian Bailey v. State
Ga. Ct. App. · 2012 · confidence medium
Under OCGA § 24-4-6, “[t]o warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused.” While mere suspicion is insufficient to support a conviction, “the proved facts need exclude only reasonable hypotheses – not bare possibilities that the crimes could have been committed by someone else.” Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 1 Bailey does not argue that the evidence was insufficient to sustain his convictions for …
discussed Cited as authority (rule) Bailey v. State
Ga. Ct. App. · 2012 · confidence medium
Under OCGA § 24-4-6, “[t]o warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused.” While mere suspicion is insufficient to support a conviction, “the proved facts need exclude only reasonable hypotheses — not bare possibilities that the crimes could have been committed by someone else.” Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992); Locklear v. State, 249 Ga. App. 104, 105 (1) ( 547 SE2d 764 ) (2001).
cited Cited as authority (rule) Alvin v. State
Ga. Ct. App. · 2007 · confidence medium
Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992).
discussed Cited as authority (rule) Drammeh v. State
Ga. Ct. App. · 2007 · confidence medium
The proved facts “need exclude only reasonable hypotheses — not bare possibilities.” (Emphasis in original.) Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992). “ ‘[WJhether... circumstances are sufficient to exclude every reasonable hypothesis save the guilt of the accused is primarily a question for determination by the jury,’ ” Bollinger v. State, 259 Ga. App. 102, 104 (1) ( 576 SE2d 80 ) (2003), and the jury’s finding on this question “will not be disturbed unless the verdict of guilty is insupportable as a matter of law.” Foster v. State, 273 Ga. 34, 35 (1)…
discussed Cited as authority (rule) Perez v. State
Ga. Ct. App. · 2007 · confidence medium
The proved facts “need exclude only reasonable hypotheses — not bare possibilities that the crime could have been committed by someone else.” Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992). “[Wjhether ... circumstances are sufficient to exclude every reasonable hypothesis save the guilt of the accused is primarily a question for determination by the jury,” (punctuation and footnote omitted) Bollinger v. State, 259 Ga. App. 102, 104 (1) ( 576 SE2d 80 ) (2003), and the jury’s finding on this question “will not be disturbed unless the verdict of guilty is insupportab…
discussed Cited as authority (rule) Slaughter v. State
Ga. Ct. App. · 2006 · confidence medium
While this evidence is admittedly circumstantial, “[t]o warrant a conviction on circumstantial evidence, the proved facts need exclude only reasonable hypotheses — not bare possibilities that the crime could have been committed by someone else.” (Emphasis in original.) Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992).
discussed Cited as authority (rule) Walker v. State
Ga. Ct. App. · 2006 · confidence medium
“Questions of reasonableness are generally decided by the jury, and this court will not disturb the jury’s finding that the evidence was sufficient to exclude every reasonable hypothesis save that of guilt unless the verdict is unsupportable as a matter of law.” (Citation and punctuation omitted.) Morris v. State, 202 Ga.App. 673, 674 ( 415 SE2d 485 ) (1992). 1.
discussed Cited as authority (rule) Jackson v. State
Ga. Ct. App. · 2006 · confidence medium
Miller and Ellington, JJ., concur. 1 Cockrell v. State, 248 Ga. App. 359 (1) ( 545 SE2d 600 ) (2001). 2 (Citation omitted.) Odett v. State, 273 Ga. 353, 353-354 (1) ( 541 SE2d 29 ) (2001). 3 Parnell v. State, 260 Ga. App. 213, 218 (6) ( 581 SE2d 263 ) (2003). 4 (Emphasis in original.) Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992). 5 Id. 6 Id. 7 See Washington v. State, 251 Ga. App. 206, 208 (1) ( 553 SE2d 855 ) (2001). 8 See Battle v. State, 244 Ga. App. 599, 601 (1) ( 536 SE2d 273 ) (2000); Henderson v. State, 191 Ga. App. 275, 276 (1) (a) ( 381 SE2d 423 ) (1989). 9 See Crens…
cited Cited as authority (rule) Lindo v. State
Ga. Ct. App. · 2006 · confidence medium
Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992).
cited Cited as authority (rule) In the Interest of M. C. A.
Ga. Ct. App. · 2003 · confidence medium
(Emphasis omitted.) Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992).
discussed Cited as authority (rule) Sanders v. State
Ga. Ct. App. · 2000 · confidence medium
Smith, P. J, and Phipps, J, concur. 1 See Price v. State, 222 Ga. App. 655, 657 (2) ( 475 SE2d 692 ) (1996). 2 See Powell v. State, 271 Ga. 575 (1) ( 522 SE2d 656 ) (1999); George v. State, 220 Ga. App. 223, 225 (1) ( 469 SE2d 360 ) (1996). 3 Wilson v. State, 234 Ga. App. 375, 376 (2) ( 506 SE2d 882 ) (1998). 4 See generally Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992).
discussed Cited as authority (rule) Mitchell v. State
Ga. Ct. App. · 1998 · confidence medium
Simpson, Assistant District Attorney, for appellee. 1 (Emphasis omitted.) 443 U. S. 307, 319 (99 SC 2781, 61 LE2d 560) (1979). 2 Hight v. State, 221 Ga. App. 574 (1) ( 472 SE2d 113 ) (1996). 3 OCGA § 16-5-70 (b). 4 OCGA § 16-5-23.1 (a). 5 See Gibson v. State, 160 Ga. App. 615, 619 (4) ( 287 SE2d 595 ) (1981) (failure to object to question by judge estops appellant from raising issue on appeal). 6 See Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992). 7 Fowler v. State, 179 Ga. App. 492, 494 (3) ( 347 SE2d 322 ) (1986). 8 Sharpe v. Dept. of Transp., 267 Ga. 267 ( 476 SE2d 722 ) (…
discussed Cited as authority (rule) Underwood v. State
Ga. Ct. App. · 1996 · confidence medium
Even when the defendant is the sole eyewitness, the defendant’s explanation may be rejected by the jury where that explanation is inconsistent with other direct and circumstantial evidence.” (Citations and punctuation omitted.) Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992).
cited Cited as authority (rule) Truax v. State
Ga. Ct. App. · 1993 · confidence medium
Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992).
discussed Cited "see" Hood v. State (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992) (jury authorized to infer that defendant caused child’s injuries when he admitted being the only person present when they occurred).
discussed Cited "see" Avila-Nunez v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Morris v. State, 202 Ga. App. 673, 674 ( 415 SE2d 485 ) (1992).
Retrieving the full opinion text from the archive…
Morris
v.
the State
A91A2220.
Court of Appeals of Georgia.
Feb 3, 1992.
415 S.E.2d 485
1992 Ga. App. LEXIS 158
Fleming, Blanchard & Bonner, James G. Blanchard, Jr., for appellant., Michael C. Eubanks, District Attorney, Richard E. Thomas, Assistant District Attorney, for appellee.
Sognier, McMurray, Andrews.
Cited by 18 opinions  |  Published
Sognier, Chief Judge.

James Richard Morris was convicted of the offense of cruelty to children, OCGA § 16-5-70 (b), and he appeals.

OCGA § 16-5-70 (b) provides that “[a]ny person commits the offense of cruelty to children when he maliciously causes a child under the age of 18 cruel or excessive physical or mental pain.” Appellant contends the evidence was insufficient to support his conviction because the State failed to meet its burden of proof on both the causation and the malicious intent elements of the crime, and the evidence was circumstantial and did not exclude every reasonable hypothesis other than his guilt. We do not agree.

The State presented evidence at trial showing that the victim, the two-and-one-half-year-old son of the woman with whom appellant was living, was brought to University Hospital in Augusta on August 19, 1985, with bruises on his face, back, extremities, and buttocks. Appellant conceded at trial that the injuries occurred when he was alone with the victim while the child’s mother was working, but insisted that the injuries had occurred in several falls. He attributed the facial bruises to the child’s fall over a toy box and the bruises on the child’s buttocks to an incident in which both he and the victim fell[*674] down a hillside.

Decided February 3, 1992. Fleming, Blanchard & Bonner, James G. Blanchard, Jr., for appellant. Michael C. Eubanks, District Attorney, Richard E. Thomas, Assistant District Attorney, for appellee.

Two physicians who examined and treated the child testified that although some of the bruises could have been accidental, the facial and buttocks bruises were inconsistent with appellant’s explanations. Dr. Reggie Pilcher testified that the facial bruises, consisting of three parallel marks on the cheek, were characteristic of a “classic hand print” made by striking a hand on the cheek and that the bruises on the victim’s buttocks could only have been caused “[b]y someone or something spreading the buttocks apart and applying blunt trauma to the perineum and anus.”

To warrant a conviction on circumstantial evidence, the proved facts need exclude only reasonable hypotheses — not bare possibilities that the crime could have been conimitted by someone else. “Questions of reasonableness are generally decided by the jury, and this court will not disturb the jury’s finding that the evidence was sufficient to exclude every reasonable hypothesis save that of guilt unless the verdict is unsupportable as a matter of law.” (Citations and punctuation omitted.) Smith v. State, 197 Ga. App. 609, 611 (398 SE2d 858) (1990). Even when the defendant is the sole eyewitness, the defendant’s explanation may be rejected by the jury where that explanation is inconsistent with other direct and circumstantial evidence. Terry v. State, 243 Ga. 11, 12-13 (1) (252 SE2d 429) (1979). In the case sub judice, the jury was authorized to believe the testimony of the doctors rather than that of appellant regarding the nature of the injuries, and that testimony would support an inference of malice. Moreover, given that appellant admitted he was the only one present when the injuries occurred, the jury would have been authorized to infer as well that appellant caused the injuries. Accordingly, we find the evidence sufficient to have authorized the jury to find appellant guilty of cruelty to children under the standard set forth in Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). See Martin v. State, 190 Ga. App. 486-487 (1) (379 SE2d 170) (1989).

Judgment affirmed.

McMurray, P. J., and Andrews, J., concur.