Paul v. State

18 Citing cases

  1. Brown v. State

    174 Ga. App. 913 (Ga. Ct. App. 1985)   Cited 7 times
    In Brown v. State, 174 Ga. App. 913, 331 S.E.2d 891 (1985), defendant had sexual relations with the victim as she lay comatose in her hospital bed.

    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.

  2. Bryant v. State

    354 Ga. App. 603 (Ga. Ct. App. 2020)   Cited 2 times

    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.

  3. Johnson v. State

    351 Ga. App. 690 (Ga. Ct. App. 2019)   Cited 10 times
    Noting the relevant inquiry is "the reasonableness of the testimony as to lack of consent, not the reasonableness of [the victim's] fear" in a case finding the victim incapable of consent due to intoxication where she passed out in the bedroom of her friends’ home after drinking and was "so out of it" that she "didn't know what was going on at first," and "she only became fully conscious and realized something was wrong" when the defendant penetrated her

    ’ "); 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.

  4. Nunn v. State

    480 S.E.2d 614 (Ga. Ct. App. 1997)   Cited 5 times

    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.

  5. Johnson v. State

    186 Ga. App. 891 (Ga. Ct. App. 1988)   Cited 7 times

    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.

  6. Cooper v. State

    180 Ga. App. 37 (Ga. Ct. App. 1986)   Cited 13 times
    In Cooper v. State, 180 Ga. App. 37, supra, we adopted 13 as the age below which the element of force is automatically supplied.

    " 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).

  7. Puckett v. State

    342 S.E.2d 487 (Ga. Ct. App. 1986)   Cited 1 times

    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).

  8. Beard v. State

    265 S.E.2d 875 (Ga. Ct. App. 1980)   Cited 4 times

    "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.

  9. Wilson v. State

    153 Ga. App. 215 (Ga. Ct. App. 1980)   Cited 16 times

    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.

  10. Buck v. State

    259 S.E.2d 493 (Ga. Ct. App. 1979)   Cited 4 times

    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.