Hunt v. State, 29097
| Decision Date | 03 December 1974 |
| Docket Number | No. 29097,29097 |
| Citation | 233 Ga. 329,211 S.E.2d 288 |
| Parties | Jerry Paul HUNT v. The STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court
The evidence in the present case of the commission of a similar crime was admissible to show the intent, motive, plan, scheme, and bent of mind of the appellant.
Drew, Hendrix & Shea, Lionel E. Drew, Savannah, for appellant.
Andrew J. Ryan, Jr., Dist. Atty., William H. McAbee, II, Asst. Dist. Atty., Savannah, Arthur K. Bolton, Atty. Gen., John W. Dunsmore, Jr., Deputy Asst. Atty. Gen., Atlanta, for appellee.
Jerry Paul Hunt was convicted in the Superior Court of Chatham County for the offenses of rape and aggravated sodomy. He was sentenced to serve five years and one day on each charge, the sentences to run concurrently. He appeals from his convictions and sentence, and from the denial of his motion for new trial.
The errors enumerated present only one question, whether it was error to permit a witness to testify, over objection, in regard to an offense of a similar nature committed upon the witness by the appellant.
The evidence in this case showed, without dispute, that at about ten o'clock on the evening prior to the alleged crimes, the prosecutrix went to a cocktail lounge where a friend was a bartender, to inquire about obtaining employment; that while she was there she became engaged in a conversation with the appellant, whom she had not previously known; that they had some drinks together; and that at about twelve o'clock they went out to dinner together.
The prosecutrix testified that the appellant asked her to go to dinner with him; that they had their dinner in his car; that he told her that he wanted to show her where he spent the happiest years of his life; that she protested that she wanted to go back to the lounge, but he proceeded to go out to Bethesda Boy's Home; that, after he had circled through the grounds he went to a place near there and parked; that he demanded that she take her clothes off, and when she objected, he ripped her underclothes from her; and that he then forced her to commit sodomy with him, and afterwards raped her numerous times.
The appellant gave an entirely different account of the events. He testified that the prosecutrix asked him to buy her a drink at the lounge, and he bought her three drinks; that she later asked him to take her somewhere to get something to eat; that while they were eating in the car she suggested that they go to her place for sexual purposes; that he did not want to go to her home and instead drove to a place and parked; that the prosecutrix voluntarily engaged in a sexual connection per os with him, but became angry with him when he refused to perform a sexual connection per linguam in vagina with her, and asked him to take her home; and that he did not have any further sexual intercourse with her.
The witness who was allowed, over objection, to testify in reagrd to a separate crime committed by the appellant, stated that she worked as a waitress; that she became acquainted with the appellant as a customer in the restaurant where she worked; that about two months prior to the time of the alleged crimes with which the appellant was charged in the case on trial, she went to a lounge with him; that she had told him that she needed to be in...
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