Bruno v. State, 56983
| Decision Date | 09 February 1979 |
| Docket Number | No. 56983,56983 |
| Citation | 253 S.E.2d 421,149 Ga.App. 1 |
| Parties | BRUNO v. The STATE. |
| Court | Georgia Court of Appeals |
Louise T. Hornsby, R. Allen Hunt, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Carole E. Wall, Asst. Dist. Attys., for appellee.
The defendant appeals his conviction of the offense of rape. Held :
1. Defendant's enumerations of the general grounds are without merit. There was evidence of forced entry into the building, outcry during the incident which was heard by the next door neighbor, and testimony of a daughter who helped her mother fight the defendant. This case was tried before a judge and there is ample evidence to support his finding. Johnson v. State, 146 Ga.App. 621, 622, 247 S.E.2d 204; Ingram v. State, 204 Ga. 164, 184, 48 S.E.2d 891.
2. The defendant contends that the trial court erred in ruling the victim's ten-year-old daughter was a competent witness. "The competency of a witness is for the court to decide in its discretion, Code Ann. § 38-1601, and this decision will not be overturned in absence of abuse of discretion. . . ." Porter v. State, 237 Ga. 580, 581, 229 S.E.2d 384, 386. We find no abuse of discretion.
Judgment affirmed.
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Hayes v. State
...determine, which determination will not be disturbed on appeal in the absence of a showing of an abuse of discretion. Bruno v. State, 149 Ga.App. 1(2) (253 S.E.2d 421); Parrott v. State, 149 Ga.App. 377(2) (254 S.E.2d "The witness testified she understood what it meant to tell the truth, th......
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Edwards v. State
...to corroborate the evidence of the victim. The evidence is sufficient to support the finding of the trial judge. Bruno v. State, 149 Ga.App. 1, 253 S.E.2d 421 (1979); Stewart v. State, 146 Ga.App. 235, 246 S.E.2d 142 Judgment affirmed. DEEN, C. J., and QUILLIAN, P. J., concur. SHULMAN, J., ......