Summary
rejecting the defendant's argument that the evidence was insufficient to sustain his rape conviction based on the victim's testimony that he had "raped" her
Summary of this case from Bass v. StateOpinion
55189.
SUBMITTED FEBRUARY 1, 1978.
DECIDED FEBRUARY 21, 1978.
Rape, etc. Gilmer Superior Court. Before Judge Pope.
J. Carey Hill, for appellant.
C. B. Holcomb, District Attorney, Frank C. Mills, III, Assistant District Attorney, for appellee.
The appellant was convicted of rape, sodomy, armed robbery, and kidnapping with bodily injury. He appeals the denial of his motion for new trial, alleging that the evidence was insufficient to support the rape and sodomy convictions.
Neither enumeration of error has merit. The testimony concerning the sodomy was explicit. The rape was established by the victim's testimony that, after she had been abducted at knifepoint, beaten repeatedly, and forced to submit to sodomy, the appellant "laid me down on the back seat and raped me." This testimony was amply corroborated by other evidence concerning her emotional state when she was found later that night, her state of attire, her outcry, and her personal injuries. See generally Marks v. State, 237 Ga. 277 (1, 3) ( 227 S.E.2d 334) (1976); Johnson v. State, 239 Ga. 116 ( 236 S.E.2d 65) (1977).
Although the appellant urges that the victim's use of the word "rape" did not clearly establish penetration as required under Code Ann. § 26-2001, we hold that in the context of the rest of her testimony the statement carried with it a rather strong implication that intercourse had in fact occurred. Accord, Anderson v. State, 142 Ga. App. 282 (1) ( 235 S.E.2d 675) (1977).
Judgment affirmed. Deen, P. J., and Smith, J., concur.