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Jamison v. the State

Court of Appeals of Georgia
Jun 18, 1982
162 Ga. App. 635 (Ga. Ct. App. 1982)

Opinion

63917.

DECIDED JUNE 18, 1982.

Burglary, etc. Colquitt Superior Court. Before Judge Horkan.

Thomas L. Kirbo III, for appellant.

H. Lamar Cole, District Attorney, James B. Thagard, Assistant District Attorney, for appellee.


Appellant was convicted of rape and burglary and appeals on the general grounds. Held:

The evidence supports the verdict in this case. The evidence left no question that the victim was in fact raped by an intruder who had entered her house and bedroom through a window screen. The victim positively identified her rapist as the appellant, both by outcry immediately after the rape and at trial. On an appeal from a finding of guilt, the presumption of innocence no longer prevails; the fact finders have determined the credibility of the witnesses and have been convinced beyond a reasonable doubt. The appellate courts do not weigh the evidence or determine the credibility of the witnesses, but look only to determine if the evidence is sufficient such that a reasonable trier of fact could rationally have found proof of guilt beyond a reasonable doubt. Ridley v. State, 236 Ga. 147, 149 ( 223 S.E.2d 131); Boyd v. State, 244 Ga. 130, 132 ( 259 S.E.2d 71); Turner v. State, 151 Ga. App. 169, 170 ( 259 S.E.2d 171); Powers v. State, 150 Ga. App. 25 ( 256 S.E.2d 637). The jury found the victim's identification of appellant credible and was therefore authorized to find him guilty of rape and burglary beyond a reasonable doubt; we are not authorized to say otherwise.

Judgment affirmed. McMurray, P. J., and Banke, J., concur.

DECIDED JUNE 18, 1982.


Summaries of

Jamison v. the State

Court of Appeals of Georgia
Jun 18, 1982
162 Ga. App. 635 (Ga. Ct. App. 1982)
Case details for

Jamison v. the State

Case Details

Full title:JAMISON v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jun 18, 1982

Citations

162 Ga. App. 635 (Ga. Ct. App. 1982)
292 S.E.2d 515

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