Kinney v. State
| Decision Date | 02 September 1980 |
| Docket Number | No. 59900,59900 |
| Citation | 270 S.E.2d 209,155 Ga.App. 95 |
| Parties | KINNEY v. The STATE. |
| Court | Georgia Court of Appeals |
Robert F. Coheleach, Atlanta, for appellant.
Jeff C. Wayne, Dist. Atty., Thomas Myron Cole, Asst. Dist. Atty., for appellee.
Defendant appeals his conviction for burglary with intent to commit rape. Held :
1. The first enumeration is that the evidence was insufficient to establish an intent to commit rape. The 19 year old victim testified that the defendant entered her home without authority while she was alone. She was in the bathroom partially dressed when she heard a step in the hallway and saw defendant standing there. Hiding herself behind the bathroom door, she asked defendant what he doing there. Defendant said he wanted to see her father. She told him her father did not live there any more and described where he could be found. When defendant walked toward her, she tried to shut the bathroom door but defendant blocked it. She opened the door and tried to run but defendant grabbed her and pulled her against his body, and told her he wanted to get to her. She struggled free of defendant, told him to get out, and ran into her bedroom to get her pants. She then held an outside door open and told him again to go. He caressed her arm and again said he wanted to get to her. When she told him again to leave, he threw up his hands, said "Okay, Okay, all right, all right, I'm gone," ran out the door, got into his car and drove away. She believed he was under the influence of alcohol. Police witnesses established that when defendant was arrested a short time later he was intoxicated. Upon questioning, he denied that he had been in or near the victim's house. Another young woman testified that several years previously she had been a victim of similar conduct of defendant under similar circumstances. Defendant testified that he was a 62 year old alcoholic, was intoxicated at the time of the alleged offense, had no memory of what occurred, and could not deny the truth of the victim's testimony.
Poole v. State, 130 Ga.App. 603 (2), 605, 203 S.E.2d 886, 889. Compare Evans v. State, 148 Ga.App. 677, 252 S.E.2d 185.
We find the evidence sufficient to authorize a rational trier of fact to find the defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560.
2. The trial court did not err in refusing to give defendant's second request to charge, which was that the defendant had to have the intent to enter the victim's residence for the specific purpose of raping her. The requested charge was fairly covered in the charge given. "The court charged fully on the matter of intent, informing the jury that there was no presumption of one's acting with criminal intent, that there must be a union of joint operation of act and intention in order to authorize a conviction, but that the jury might find the existence of an intent upon a consideration of the words, conduct, demeanor, motive and other circumstances connected with the act for which the defendant was being prosecuted." Poole v. State, 130 Ga.App. 603, 605, 203 S.E.2d 886, 889, supra.
3. The third enumeration contends that the portion of the charge "that a person commits burglary when, without authority and with intent to commit a felony or theft therein, he enters or remains in the dwelling house of another . . .", is...
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...it is sufficient if he enters without authority and with the intent to commit a theft or a felony. See, e.g., Kinney v. State, 155 Ga.App. 95(1), 270 S.E.2d 209 (1980); Smith v. State, 130 Ga.App. 390(2), 203 S.E.2d 375 (1973). In this case, the evidence was sufficient to demonstrate, not o......
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...entertained an intent to commit a felony is a matter for the jury to say, under the facts and circumstances proved. Kinney v. State, 155 Ga.App. 95, 270 S.E.2d 209 (1980). A review of the evidence adduced at trial reveals there was ample evidence sufficient to enable any rational trier of f......
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Legg v. State, A92A0645
...general rule the state must, of necessity, rely on circumstantial evidence in proving intent. (Cit.) ..." (Cits.)' Kinney v. State, 155 Ga.App. 95, 96(1) (270 SE2d 209) (1980). The presence of valuables inside the premises, ... could support an inference of the intent to steal particularly ......