Also, it has been held that "[s]exual intercourse with a woman whose will is temporarily lost from intoxication, or unconsciousness arising from use of drugs or other cause, or sleep, is rape. (Cits.)" Paul v. State, 144 Ga. App. 106 (2) ( 240 S.E.2d 600) (1977). Based on these principles, we are constrained to hold that the evidence in this case was sufficient to enable a rational trier of fact to find the appellant guilty of rape beyond a reasonable doubt.
Accordingly, the trial court did not plainly err in instructing the jury. See Paul v. State , 144 Ga. App. 106 (2), 240 S.E.2d 600 (1977). See n. 10, supra.
’ "); Cooper v. State , 180 Ga. App. 37, 38, 348 S.E.2d 486 (1986) (same), overruled on other grounds by Brewer v. State , 271 Ga. 605, 523 S.E.2d 18 (1999).Cook , 338 Ga. App. at 493 (2), 790 S.E.2d 283 ; accord Johnson v. State , 186 Ga. App. 891, 892 (3), 369 S.E.2d 48 (1988) ; Brown v. State , 174 Ga. App. 913, 913, 331 S.E.2d 891 (1985) ; Paul v. State , 144 Ga. App. 106, 106 (2), 240 S.E.2d 600 (1977) ; Evans v. State , 67 Ga. App. 631, 632, 21 S.E.2d 336 (1942) ; see also Watson v. State , 235 Ga. 461, 464 (3), 219 S.E.2d 763 (1975) ("The appellant also enumerates as error the trial court’s charge to the effect that if the jury found the prosecutrix had been rendered insensible by intoxicating beverages the jury could additionally find that she was incapable of consent to the intercourse. The argument presented is that this charge was not authorized by the evidence.
State v. Smith, 134 Ga. App. 602 ( 215 S.E.2d 345) (1975). `This court passes on the sufficiency of the evidence, not its weight, which was considered by the jury.' Paul v. State, 144 Ga. App. 106 ( 240 S.E.2d 600) (1977); Dillard v. State, 147 Ga. App. 587, 588 ( 249 S.E.2d 640) (1978). Conflicts in the testimony of witnesses are a matter of credibility for the jury to resolve.
Maynard v. State, 171 Ga. App. 605, 607 (3) ( 320 S.E.2d 806). Defendant's second enumeration of error lacks merit. 3. The trial court did not err in charging the jury that sexual intercourse with a woman who is temporarily without will, due to unconsciousness arising from sleep, is rape. Paul v. State, 144 Ga. App. 106 (2) ( 240 S.E.2d 600). The charge was adjusted to the evidence. Judgment affirmed. Pope and Benham, JJ., concur.
" Implicitly following such reasoning, we have consistently held that "[s]exual intercourse with a woman whose will is temporarily lost from intoxication, or unconsciousness arising from use of drugs or other cause, or sleep, is rape. [Cits.]" Paul v. State, 144 Ga. App. 106 (2) ( 240 S.E.2d 600) (1977). Accord Brown v. State, 174 Ga. App. 913 ( 331 S.E.2d 891) (1985).
This court passes on the sufficiency of the evidence, not its weight, which was considered by the jury. Paul v. State, 144 Ga. App. 106 (1) ( 240 S.E.2d 600) (1977); Beard v. State, 153 Ga. App. 550 (1) ( 265 S.E.2d 875) (1980). We find the evidence sufficient to meet the standard of proof required by Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560).
"This court passes on the sufficiency of the evidence, not its weight, which was considered by the jury." Paul v. State, 144 Ga. App. 106 ( 240 S.E.2d 600) (1977); Dillard v. State, 147 Ga. App. 587, 588 ( 249 S.E.2d 640) (1978). Conflicts in the testimony of witnesses are a matter of credibility for the jury to resolve.
2. It was not error to exclude testimony by witnesses as to what they believed to be the defendant's intent. Paul v. State, 144 Ga. App. 106 (7) ( 240 S.E.2d 600); Hawkins v. State, 25 Ga. 207 (1). Judgment affirmed. Shulman and Carley, JJ., concur.
Collins v. State, 143 Ga. App. 583, 585 ( 239 S.E.2d 232). Accord, Paul v. State, 144 Ga. App. 106 (8) ( 240 S.E.2d 600). However, the defendant has raised an issue as to whether there was a knowing waiver of his rights.