Goode v. State
Decision Date | 04 September 1984 |
Docket Number | No. 68285,68285 |
Citation | 321 S.E.2d 410,171 Ga.App. 901 |
Court | Georgia Court of Appeals |
Parties | GOODE v. The STATE. |
Robert B. Thompson, Gainesville, for appellant.
Rafe Banks III, Dist. Atty., Wallace W. Rogers, Jr., Asst. Dist. Atty., for appellee.
Appellant was tried for and convicted of molesting his nine-year-old stepdaughter. He appeals the conviction, raising two enumerations of error. We affirm.
1. Appellant first cites as error the trial court's refusal to direct a verdict of acquittal for appellant at the close of the State's evidence, contending that a rational trier of fact could not have found appellant guilty beyond a reasonable doubt. The victim was the sole witness to the crime. In the course of her testimony she described what appellant had done to her; she said that if she told anyone what he had done he would shoot her; and that she was afraid of him. She also admitted that when Mr. Templeton, the protective services worker, asked her about being molested, she said that she had lied about the incidents, but that she later said the incidents did occur. Mrs. Goode, the victim's mother and appellant's wife, testified for the defense. She stated that when her daughter told her about the first molestation, both she and her husband whipped the child for "telling a story." Mrs. Goode also said that her daughter continued to report such incidents until Mrs. Goode reported the molestations to the sheriff's department.
The credibility of a witness is a matter to be determined by the jury. OCGA § 24-9-80; Geter v. State, 157 Ga.App. 165(1), 276 S.E.2d 676 (1981). Applying the "any evidence" standard of review (Bethay v. State, 235 Ga. 371(1), 219 S.E.2d 743 (1975)), we find that the trial court was correct in overruling the motion for directed verdict of acquittal. Stated another way, Causey v. State, 154 Ga.App. 76(1), 267 S.E.2d 475 (1980).
2. Appellant also argues that the trial court erred in expressing an opinion in the presence of the jury as to the legality of appellant's arrest. It appears from the record that during closing argument the assistant district attorney made some reference to appellant's arrest. Appellant objected and the trial court sustained the objection. To clarify the matter, the court went on to say, The legality of the arrest was not an issue at trial, and...
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