Opinion
54964.
SUBMITTED JANUARY 10, 1978.
DECIDED FEBRUARY 15, 1978.
Rape. Fulton Superior Court. Before Judge Ward.
Louise T. Hornsby, for appellant.
Lewis R. Slaton, District Attorney, Joseph J. Drolet, H. Allen Moye, Assistant District Attorneys, for appellee.
Defendant was indicted, tried and convicted for the offense of rape. He was sentenced to a term of five years, three to serve and the balance suspended on condition defendant not violate the laws of Georgia. Motion for new trial was filed and denied, and defendant appeals. Held:
The evidence shows the victim was raped by the use of force and threats of bodily harm. The charge was corroborated by her immediate report to others, report to the police and by the doctor who examined her. See Jackson v. State, 230 Ga. 35 ( 195 S.E.2d 409); Harper v. State, 201 Ga. 10 (3) ( 39 S.E.2d 45). The defense of consent, whether or not established, was a jury question. See Curtis v. State, 236 Ga. 362, 363 ( 223 S.E.2d 721). This court is therefore bound by the any evidence rule and under any reasonable view of the evidence it was sufficient to sustain the verdict of guilty. Franklin v. State, 136 Ga. App. 47 (1) ( 220 S.E.2d 60); Powell v. State, 235 Ga. 208, 210 (1) ( 219 S.E.2d 109); Sheppard v. State, 235 Ga. 89, 90 (1) ( 218 S.E.2d 830).
Judgment affirmed. Quillian, P. J., and Webb, J., concur.