Glover v. State, 31554
| Citation | 237 Ga. 859,230 S.E.2d 293 |
| Decision Date | 02 November 1976 |
| Docket Number | No. 31554,31554 |
| Parties | McArthur GLOVER v. The STATE. |
| Court | Supreme Court of Georgia |
Holley & Charron, Thomas J. Charron, Marietta, for appellant.
George V. Darden, Dist. Atty., Joseph L. Chambers, Asst. Dist Atty., Marietta, Arthur K. Bolton, Atty. Gen., Atlanta, for appellee.
The appellant was charged with two counts of rape to which he pled not guilty. The jury returned a verdict of not guilty on Count 1 and guilty as to Count 2. His motion for new trial was overruled and this appeal followed.
1. The first enumeration of error contends the evidence was insufficient to support the guilty verdict on Count 2. The prosecutrix' testimony was corroborated in all material respects. Although the evidence was in conflict as to whether the prosecutrix voluntarily submitted to the intercourse, it was for the jury to resolve such conflicts in the testimony. The jury resolved this conflict in favor of the State, and this court will not substitute its judgment for that of the jury. Dade v. Dade, 213 Ga. 533(1), 100 S.E.2d 181 (1957); Carmighael Tile Co. v. McClelland, 213 Ga. 656, 661, 100 S.E.2d 902 (1957). There is no merit in this enumeration of error.
2. The second enumeration of error contends the trial court erred in not recharging the jury on 'credibility of witnesses' after the prosecutrix' testimony was reread to them.
After the jury had been deliberating for some time and was unable to reach a verdict, the trial court inquired of the foreman if it was a question of law or a question of fact, to which he replied: 'Your Honor, I believe it is a question as to the credibility of certain witnesses.' The jury again retired but was still unable to reach a verdict. They returned to the courtroom and asked to have the prosecutrix' testimony reread. The testimony was read to them and there was no request to recharge the jury.
It is obvious that the jury recognized the problem facing them. A recharge on the credibility of witnesses, after rereading only the prosecutrix' testimony, may have overemphasized the question of credibility of this testimony. The trial court did not err in failing to recharge the jury as contended by appellant.
Judgment affirmed.
All the Justices concur.
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...Ga. 468(1), 435 S.E.2d 442 (1993) (the court is not bound to repeat all the law favorable to the accused); see also Glover v. State, 237 Ga. 859(2), 230 S.E.2d 293 (1976). resume its deliberations and subsequently denied Mobley's request that the jury be recharged on the principle that juro......
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...by the trial court, the evidence must be construed so as to uphold the verdict even where there are discrepancies. Glover v. State, 237 Ga. 859, 860, 230 S.E.2d 293. The evidence in this case is amply sufficient to support the verdict of guilty of voluntary manslaughter. This enumeration is......
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Green v. State
...[S]tate, and this [C]ourt will not substitute its judgment [as to witness credibility] for that of the jury. [Cits.]" Glover v. State, 237 Ga. 859(1), 860, 230 S.E.2d 293. Thus, although defendant contends in the case sub judice that the victim lied, the evidence is nevertheless sufficient ......
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