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Ballou v. State

Court of Appeals of Georgia
May 29, 1997
487 S.E.2d 140 (Ga. Ct. App. 1997)

Opinion

A97A0825.

DECIDED MAY 29, 1997.

Aggravated child molestation. Murray Superior Court. Before Judge Boyett.

James E. Wilbanks, for appellant.

Kermit N. McManus, District Attorney, Stephen E. Spencer, Assistant District Attorney, for appellee.


Defendant was tried before a jury and convicted of two counts of aggravated child molestation (a different victim in each count) and one count of felony obstruction of law enforcement officers. This appeal followed. Held:

Defendant challenges his convictions for aggravated child molestation, arguing that inconsistencies in the victims' accounts of the acts which constitute the crimes charged render the State's proof insufficient to authorize the jury's verdicts under the standard prescribed in Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560). This assertion is without merit.

Testimony regarding the victims' out-of-court statements as to the manner in which defendant committed the crimes charged, and the victims' trial testimony concerning these criminal acts, is sufficient to authorize the jury's finding that defendant is guilty, beyond a reasonable doubt, of aggravated child molestation as charged in two counts of the indictment. Jackson v. Virginia, 443 U.S. 307, supra; Morales v. State, 210 Ga. App. 414, 415 (1) ( 436 S.E.2d 528). Each victims' credibility was properly resolved by the jury. Fuller v. State, 211 Ga. App. 104, 106 (6) ( 438 S.E.2d 183).

Judgment affirmed. Beasley and Smith, JJ., concur.


DECIDED MAY 29, 1997.


Summaries of

Ballou v. State

Court of Appeals of Georgia
May 29, 1997
487 S.E.2d 140 (Ga. Ct. App. 1997)
Case details for

Ballou v. State

Case Details

Full title:BALLOU v. THE STATE

Court:Court of Appeals of Georgia

Date published: May 29, 1997

Citations

487 S.E.2d 140 (Ga. Ct. App. 1997)
226 Ga. App. 602