Farmer v. State
| Decision Date | 02 November 1994 |
| Docket Number | No. A94A2523,A94A2523 |
| Citation | 215 Ga.App. 243,450 S.E.2d 271 |
| Parties | FARMER v. The STATE. |
| Court | Georgia Court of Appeals |
Evan L. Stapler, Bremen, for appellant.
George C. Turner, Jr., Dist. Atty., Thomas V. Driggers, E. Chandler Barrett, Asst. Dist. Attys., for appellee.
Johnny Byron Farmer was convicted of one count of incest, aggravated sodomy and aggravated child molestation, and of five counts of child molestation. The two child victims were his adopted daughter and his stepdaughter, respectively. He appeals enumerating as error insufficiency of the evidence and denial of his motion for directed verdict of acquittal. Held:
Except as hereinafter discussed regarding child molestation charge number eight, at trial each victim testified as to all the elements of the particular charges of which she was the averred victim; a police officer and relatives testified as to statements made by the victims regarding the scope and nature of appellant's sexual misconduct toward them. The brother of one of the victims testified in partial corroboration that he observed appellant in his sister's bedroom and that his sister was hiding behind the door with her top off and her hands covering her breasts; a pediatrician testified that she examined the victim, S.W., and found her hymen "completely gone." On appeal appellant basically contends that for divers reasons the evidence presented by the State at trial lacks in credibility and is insufficient to support his conviction.
As to child molestation charge number eight, the sole child molestation act averred is that appellant did cause the said victim to place her hand upon his penis; however, at trial the victim testified that the accused unbuttoned his pants and placed the victim's hand inside his trousers, but that the victim immediately jerked her hand away upon feeling appellant's pubic hair. We conclude that this evidence would support appellant's conviction of child molestation charge number eight under the standard of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560. Smith v. State, 210 Ga.App. 634, 636(2)(d), 437 S.E.2d 333. Roberson v. State, 187 Ga.App. 485, 487, 370 S.E.2d...
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Price v. State
...trial. The evidence was legally sufficient. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); Farmer v. State, 215 Ga.App. 243, 450 S.E.2d 271 (1994). 2. The first enumeration is that the court erred in allowing DFACS representative Bitterman to testify concerning Mrs......
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Turner v. State
...placed his finger in the victim's vagina but evidence showed no penetration occurred; no fatal variance); Farmer v. State, 215 Ga.App. 243, 244, 450 S.E.2d 271 (1994) (molestation indictment alleged defendant caused victim to place her hand on his private part but evidence showed she jerked......
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Simpson v. State
...are not conflicting. In addition, the examining physician testified that the victim's hymen was not intact. See Farmer v. State, 215 Ga.App. 243, 244, 450 S.E.2d 271 (1994). Taken as a whole, such evidence was sufficient to corroborate the victim's 3. The trial court did not commit reversib......
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Griffis v. State
...court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. [Cit.]" Farmer v. State, 215 Ga.App. 243, 244, 450 S.E.2d 271 (1994). The victim, who was five years old at the time of trial, testified that Griffis, who is her father, hurt her in the f......