McLeod v. State, 538 S.E.2d 759 (Ga. Ct. App. 2000). · Go Syfert
McLeod v. State, 538 S.E.2d 759 (Ga. Ct. App. 2000). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 1 distinct court.
Strongest positive: Whaley v. the State (gactapp, 2016-05-04)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Whaley v. the State
Ga. Ct. App. · 2016 · confidence medium
“So long as there is some competent evidence, even though contradicted, to support each element of the State’s case, the jury’s verdict will be upheld.” McLeod v. State, 245 Ga. App. 668, 669 (1) ( 538 SE2d 759 ) (2000).
discussed Cited as authority (rule) Michael v. the State
Ga. Ct. App. · 2016 · confidence medium
“So long as there is some competent evidence, even though contradicted, to support each element of the State’s case, the jury’s verdict will be upheld.” McLeod v. State, 245 Ga. App. 668, 669 (1) ( 538 SE2d 759 ) (2000).
discussed Cited as authority (rule) Granville v. State
Ga. Ct. App. · 2006 · confidence medium
See OCGA §§ 16-5-21 (a) (2), 16-10-24 (b), 16-11-41 (a), 16-7-24 (a); see also Weldon v. State, 262 Ga. App. 854 (1) ( 586 SE2d 741 ) (2003) (interference with government property); McLeod v. State, 245 Ga. App. 668, 669 (2), (3) ( 538 SE2d 759 ) (2000) (aggravated assault and obstruction); Williams v. State, 228 Ga. App. 698, 700 (2) ( 492 SE2d 708 ) (1997) (evidence sufficient to show defendant committed offense of public drunkenness as part of obstruction charge). 2.
cited Cited as authority (rule) Moss v. State
Ga. Ct. App. · 2006 · confidence medium
See also Roberts, supra; McLeod v. State, 245 Ga. App. 668, 668-669 (1) ( 538 SE2d 759 ) (2000). 7 Chalvatzis v. State, 265 Ga. App. 699, 701 (1) ( 595 SE2d 558 ) (2004).
discussed Cited as authority (rule) Benham v. State
Ga. Ct. App. · 2003 · confidence medium
Speed II, District Attorney, Mary Beth Gregoire, Assistant District Attorney, for appellee. 1 (Footnotes omitted.) Roberts v. State, 242 Ga. App. 621 ( 530 SE2d 535 ) (2000). 2 See OCGA § 16-5-21 (a) (2). 3 Roberts, supra. See also McLeod v. State, 245 Ga. App. 668, 669 (1) ( 538 SE2d 759 ) (2000). 4 Geiger v. State, 129 Ga. App. 488, 495 (2) (a) ( 199 SE2d 861 ) (1973). 5 Tarvestad v. State, 261 Ga. 605, 606 ( 409 SE2d 513 ) (1991), citing Hayes v. State, 261 Ga. 439, 443 (6) (a) ( 405 SE2d 660 ) (1991); Pippins v. State, 224 Ga. 462, 465 (4) ( 162 SE2d 338 ) (1968). 6 See Johnson v. State, …
discussed Cited as authority (rule) Knox v. State (2×) also: Cited "see"
Ga. Ct. App. · 2002 · confidence medium
McLeod v. State, 245 Ga. App. 668, 669 (3) ( 538 SE2d 759 ) (2000); see OCGA § 16-5-21 (a) (2).
cited Cited as authority (rule) Boyington v. State
Ga. Ct. App. · 2002 · confidence medium
OCGA § 16-10-24 (b); McLeod v. State, 245 Ga. App. 668, 669 (2) ( 538 SE2d 759 ) (2000).
discussed Cited "see" Petro v. State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See McLeod v. State, 245 Ga. App. 668, 669 (3) ( 538 SE2d 759 ) (2000) (testimony of eyewitness who saw victim fleeing from defendant with an ax raised over his head was sufficient to sustain aggravated assault conviction). (b) Terroristic Threats.
discussed Cited "see" John Tony Petro v. State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See McLeod v. State, 245 Ga. App. 668, 669 (3) ( 538 SE2d 759 ) (2000) (testimony of eyewitness who saw victim fleeing from defendant with an ax raised over his head was sufficient to sustain aggravated assault conviction). (b) Terroristic Threats.
Retrieving the full opinion text from the archive…
McLEOD
v.
THE STATE
A00A1549.
Court of Appeals of Georgia.
Aug 24, 2000.
538 S.E.2d 759
2000 Ga. App. LEXIS 1045
Straughan & Straughan, Mark W. Straughan, for appellant., Timothy G. Vaughn, District Attorney, Russell P. Spivey, Assistant District Attorney, for appellee.
Miller, Pope, Mikell.
Cited by 14 opinions  |  Published
Miller, Judge.

Wanda Braswell McLeod was tried before a jury and found guilty of aggravated assault, felony obstruction of a law enforcement officer, and misdemeanor disorderly conduct. On appeal, she contends the evidence is insufficient to sustain her felony convictions. We affirm.

1. On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the jury’s verdict of guilt, and the presumption of innocence no longer applies. [1] An appellate court does not weigh the evidence nor judge the credibility of the witnesses but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia. 2 “The testimony of a single witness is generally sufficient to establish a fact.” [3] Conflicts in the testimony of[*669] the witnesses, including the State’s witnesses, are a matter of credibility for the jury to resolve. So long as there is some competent evidence, even though contradicted, to support each element of the State’s case, the jury’s verdict will be upheld. [4]

Decided August 24, 2000. Straughan & Straughan, Mark W. Straughan, for appellant. Timothy G. Vaughn, District Attorney, Russell P. Spivey, Assistant District Attorney, for appellee.

2. A person commits felony obstruction when he knowingly and wilfully resists, obstructs, or opposes any law enforcement officer in the lawful discharge of his duties “by offering or doing violence to the person of such officer. . . .” [5] The testimony of Dodge County Deputy Sheriff Ed White that McLeod resisted his initial attempt to arrest her for disorderly conduct by cursing and kicking him in the groin area is sufficient under the standard of Jackson v. Virginia [6] that McLeod is guilty, beyond a reasonable doubt, of felony obstruction of a law enforcement officer as alleged in Count 2 of the indictment. [7]

3. A person commits aggravated assault by committing an assault “[w]ith a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to . . . result in serious bodily injury.” [8] An axe or a hatchet, when used offensively, is capable of serious bodily injury. [9] Deputy White’s testimony that McLeod chased after her fleeing husband with an axe raised over her head is sufficient to authorize the jury’s verdict that she is guilty, beyond a reasonable doubt, of the aggravated assault alleged in Count 1 of the indictment.

Judgment affirmed.

Pope, P. J., and Mikell, J., concur.
1

Bohannon v. State, 208 Ga. App. 576 (1) (431 SE2d 149) (1993).

2

443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

3

OCGA § 24-4-8.

4

Ringo v. State, 236 Ga. App. 38, 39 (510 SE2d 893) (1999).

6

Supra.

7

Jones v. State, 242 Ga. App. 357, 358-359 (1) (529 SE2d 644) (2000). Accord Duitsman v. State, 212 Ga. App. 348 (1) (441 SE2d 888) (1994) (scuffling with and kicking arresting officers is sufficient).

9

See, e.g., Nixon v. State, 101 Ga. 574, 577 (28 SE 971) (1897); James v. State, 68 Ga. App. 765, 767 (1) (b) (24 SE2d 149) (1943).