Bailey v. State

• Court: Georgia Court of Appeals
• Writing for the Court: McMURRAY; DEEN, C. J., and BIRDSONG; SHULMAN
• Citation: Bailey v. State, 257 S.E.2d 334, 150 Ga.App. 211 (Ga. App. 1979)
• Decision Date: 05 June 1979
• Docket Number: No. 57614,57614
• Parties: BAILEY v. The STATE.

Page 334

257 S.E.2d 334

150 Ga.App. 211

BAILEY v. The STATE.

No. 57614.

Court of Appeals of Georgia.

Argued April 3, 1979.

Decided June 5, 1979.

Grace W. Thomas, Decatur, for appellant.

Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Benjamin H. Oehlert, III, Asst. Dist. Attys., for appellee.

McMURRAY, Presiding Judge.

Defendant was indicted in three counts for the offenses of rape, kidnapping and robbery. He was subsequently tried and convicted on all three counts and sentenced to serve 20 years on each count to run concurrently. A motion for new trial was duly filed, amended and overruled after a hearing. Defendant appeals. Held:

1. Testimony was produced at the trial that the victim, a student nurse and nursing assistant, was abducted in a parking lot at Georgia Baptist Hospital at about 9 p. m. at night when she opened the front and back doors of her automobile to place certain articles in the back seat. She was grabbed from behind, pushed into the back seat, a fight ensued, her keys were taken from her, she was then shoved in the front seat, tried to escape but was pulled back into the automobile at which time she lost a shoe which was later recovered by the police. She was choked, her nose was broken, she received blacked eyes, a bruised neck and a bruise on her hip. The victim testified that "previously he had told me when he was choking me that he was going to kill me. He said, 'I'll just kill you'." The testimony also disclosed that she was driven for 15 or 20 minutes to a location where she was raped in the back seat. She later escaped from the automobile when it was stopped at a traffic stop sign. She noticed a watch with a broken band on the arm of the assailant, along with two scars. This physical evidence was later observed on an employee of Georgia Baptist Hospital, and he was identified by the victim. Another witness identified the automobile being driven back and parked by the defendant. The evidence was sufficient to support the verdict as to all three offenses. See Toole v. State, 146 Ga.App. 305(1), 246 S.E.2d 338; Cochran v. State, 146 Ga.App. 414(1), 246 S.E.2d 431. Despite the affidavits attached to the amended motion for new trial based upon the ground of newly discovered evidence involving an alleged mistake in identity of the defendant by the victim in that the defendant's common-law wife had located information that there had been a former employee by the name of Leroy Brown whom the victim had testified was the name of the culprit, yet this evidence does not dispute her identification of the defendant as the person who had abducted her (kidnapping) and then...