Hendrix v. State, 32408
| Decision Date | 07 September 1977 |
| Docket Number | No. 32408,32408 |
| Citation | 238 S.E.2d 56,239 Ga. 507 |
| Parties | Howard HENDRIX v. The STATE. |
| Court | Georgia Supreme Court |
Stanley H. Nylen, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Arthur K. Bolton, Atty. Gen., Atlanta, for appellee.
Appellant, Howard Hendrix, appeals from his conviction of two counts of rape for which he received two consecutive twenty-year sentences.
The evidence presented at trial showed that the two young female victims, B and H, were leaving a concert at the Omni when they were approached by a male. After a short conversation, the girls indicated that they were on their way to meet some friends and the man offered to give them a ride. Two other men were waiting as they arrived at the car. One of the men got out and the two girls were pushed into the automobile. The driver of the car was identified as the appellant, Howard Hendrix.
The men took the victims to an abandoned apartment house and forced them up some stairs and into one of the units. When they were inside, the appellant held victim B while the other two men beat victim H and tore off her clothing. During the scuffle, the appellant went over to help subdue victim H while one of the other men held victim B. Shortly thereafter, the appellant reappeared and forced victim B to have sexual intercourse with him. The victim also testified that the appellant cut her on her hip.
After the appellant had raped victim B he left her with one of the other men and went into another room. While in the other room the appellant noticed a policeman outside and immediately yelled to the others, "Pigs, get the hell out of here." The appellant and one of the other men escaped through the back of the building.
The two victims gathered up their clothes and ran out of the apartment, where they met a policeman and proceeded to tell him what happened. Later victim B was called to the police station where she identified the appellant as the man who raped her. In addition, victim H identified the appellant at a police lineup.
1. The appellant contends that the prosecution did not establish that venue was proper in Fulton County since neither victim knew the name of the county where they were attacked. The two victims did identify photographs of the scene of the crime. These photographs were also identified by the police officers as showing the apartment building where the crimes occurred, and they testified that the location was in Fulton County. This evidence was sufficient to establish venue in Fulton County. Ellard v. State, 233 Ga. 640, 212 S.E.2d 816 (1975).
2. The appellant...
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...commission of the crime"). Thus, an aider or abettor of rape is, as with any other crime, treated as a principal. See Hendrix v. State , 239 Ga. 507, 238 S.E.2d 56, 57 (1977). But aiding-or-abetting liability does not broaden the Georgia law beyond the relevant federal offense because, unde......
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