Stewart v. State, 504 S.E.2d 770 (Ga. Ct. App. 1998). · Go Syfert
Stewart v. State, 504 S.E.2d 770 (Ga. Ct. App. 1998). Cases Citing This Book View Copy Cite
7 citation events (5 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Slinkard (illappct, 2006-01-24)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) People v. Slinkard
Ill. App. Ct. · 2006 · confidence medium
Stewart v. State, 233 Ga. App. 607, 608-09 , 504 S.E.2d 770, 772 (1998). (conviction upheld even though the defendant and the other occupant of the vehicle were taken from the scene before the police arrived, both occupants denied driving, and the defendant claimed a third person who fled the scene was the driver; the defendant was intoxicated, and the nature of his injuries was consistent with the damage to the driver’s side of the vehicle); Frye v. State, 189 Ga. App. 181, 181-82 , 375 S.E.2d 101, 102 (1988) (circumstantial evidence was sufficient to support the defendant’s conviction of…
discussed Cited as authority (rule) People v. Slinkard
Ill. App. Ct. · 2006 · confidence medium
Stewart v. State, 233 Ga. App. 607, 608-09 , 504 S.E.2d 770, 772 (1998) (conviction upheld even though the defendant and the other occupant of the vehicle were taken from the scene before the police arrived, both occupants denied driving, and the defendant claimed a third person who fled the scene was the driver; the defendant was intoxicated, and the nature of his injuries was consistent with the damage to the driver's side of the vehicle); Frye v. State, 189 Ga. App. 181, 181-82 , 375 S.E.2d 101, 102 (1988) (circumstantial evidence was sufficient to support the defendant's conviction of drun…
discussed Cited "see" State v. Causey
Haw. App. · 2008 · signal: see · confidence high
State v. Aki, 102 Hawai`i 457, 464, 77 P.3d 948, 955 (App. 2003) ("credibility and weight of the evidence are matters that begin and end with the [fact-finder], and concern us not on appeal") (citation omitted); see Stewart v. State, 504 S.E.2d 770, 772 (Ga. Ct. App. 1998) ("As the sole judge of credibility, the jury was authorized to disbelieve Stewart's testimony that when the wreck occurred, the driver, a man known only by the name of "Buzz," ran away before anyone saw him, leaving Stewart and his passenger, a life-long friend, injured and alone in Stewart's mother's Camaro."); cf. State v.…
discussed Cited "see" Brockington v. State (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See Stewart v. State, 233 Ga. App. 607, 608-609 (3) ( 504 SE2d 770 ) (1998); Garrett v. State, 230 Ga. App. 97, 98 (2) ( 495 SE2d 579 ) (1998).
Stewart
v.
the State
A98A0872.
Court of Appeals of Georgia.
Jul 28, 1998.
504 S.E.2d 770
L. Scott McLarty, for appellant., Robert W. Lavender, District Attorney, Marsha L.Dooley, Assistant District Attorney, for appellee.
Harold R. Banke.
Cited by 4 opinions  |  Published
Judge Harold R. Banke.

Rodney Shane Stewart was convicted of driving under the influence and driving with a suspended license. He enumerates three errors on appeal.

This case arose after a late night one-car accident which injured[*608] both of the vehicle’s occupants. Morris v. State, 228 Ga. App. 90, 91 (1) (491 SE2d 190) (1997) (evidence on appeal is viewed in the light most favorable to the verdict). Emergency medical personnel transported the men to a local hospital before the police commenced an investigation.

After arriving at the scene, the arresting officer observed that the car had missed a curve, hit a sign and a culvert, and vaulted over a driveway. The steering wheel was bent, and the driver’s side windshield was broken and bore a starburst pattern about halfway up on the passenger side of the steering wheel. Blood had spilled onto the steering wheel, the driver’s seat, and door handle.

The officer continued his investigation at the hospital where he interviewed Stewart and his passenger. Both men denied driving the car, and both were intoxicated. Stewart had suffered head injuries which had been bleeding. In contrast, the passenger’s injuries were more limited and appeared less severe than Stewart’s. Stewart, who smelled of alcoholic beverages, slurred his speech, and had bloodshot eyes, refused to perform field sobriety tests or undergo a blood test. Based upon these observations, the officer determined that Stewart had been driving and arrested him. Held:

1. Stewart maintains that the trial court erred by refusing to allow the jury to view the wrecked car, which had been brought to the courthouse. Pretermitting the viability of the alleged error, we fail to see how Stewart was harmed by the ruling inasmuch as the trial court admitted photographs of the vehicle. See Davis v. State, 225 Ga. App. 564, 570 (7) (484 SE2d 284) (1997); see also Williams v. State, 202 Ga. App. 728, 729 (3) (415 SE2d 327) (1992).

2. Stewart claims the trial court erred in allowing the arresting officer to draw an expert conclusion on the ultimate issue, the identity of the driver, a matter not beyond the jury’s ken. Because Stewart failed to assert this objection at trial, it is waived. Maddox v. State, 227 Ga. App. 602, 604 (3) (490 SE2d 174) (1997); compare Coleman v. State, 257 Ga. 313, 314 (357 SE2d 566) (1987).

3. Stewart argues that the denial of his motion for directed verdict of acquittal requires reversal. We disagree.

When the evidence, viewed in the light most favorable to the verdict, is sufficient to permit a jury to find each essential element of the crimes charged beyond a reasonable doubt, a directed verdict is inappropriate. Rautenberg v. State, 178 Ga. App. 165, 167 (1) (342 SE2d 355) (1986). In considering that issue, we are prohibited from reweighing the evidence or reassessing the witnesses’ credibility. Blackwell v. State, 229 Ga. App. 452, 455 (3) (494 SE2d 269) (1997).

Notwithstanding Stewart’s contention to the contrary, the arresting officer’s opinion was not the only evidence indicating that Stewart was the driver. It is undisputed that during the wreck Stew[*609] art sustained a bloody gash in his forehead. Several witnesses testified about the windshield’s condition, and the jury examined photographs of it. Both the arresting officer and the tow truck driver testified of blood on the driver’s seat. It is undisputed that Stewart exhibited signs of intoxication. This evidence was sufficient to support the verdict. As the sole judge of credibility, the jury was authorized to disbelieve Stewart’s theory that when the wreck occurred, the driver, a man known only by the name of “Buzz,” ran away before anyone saw him, leaving Stewart and his passenger, a life-long friend, injured and alone in Stewart’s mother’s Camaro. See Moore v. State, 268 Ga. 420, 421 (1) (489 SE2d 842) (1997).

Decided July 28, 1998. L. Scott McLarty, for appellant. Robert W. Lavender, District Attorney, Marsha L.Dooley, Assistant District Attorney, for appellee.

Judgment affirmed.

McMurray, P. J., and Eldridge, J., concur.