Lord v. State
| Decision Date | 19 November 1980 |
| Docket Number | No. 59928,59928 |
| Citation | 156 Ga.App. 492,274 S.E.2d 641 |
| Parties | LORD v. The STATE. |
| Court | Georgia Court of Appeals |
Victor Hawk, Augusta, for appellant.
Richard E. Allen, Dist. Atty., Steven L. Beard, Asst. Dist. Atty., for appellee.
Lehman Lord was convicted of rape. He appeals the trial court's denial of his motion for a new trial and the admission into evidence of certain testimony which adversely reflected upon his character. We affirm.
1. The victim in this case was raped in her home shortly after 7:00 a. m. on November 22, 1977. Although she never saw her assailant, the victim positively identified appellant as the rapist. She not only recognized his voice, but their sporadic conversation revealed his knowledge of her gun, eyesight and heart condition, information which would not be known to someone outside her immediate circle of friends and family. Moreover, the rapist called her "ole woman" and used the same vulgar language as appellant had used in previous conversations. Appellant, the victim's former son-in-law, testified that he was asleep in his car in his uncle's front yard at the time the rape occurred. His uncle, although he only saw someone's knees "sticking up," testified that he observed appellant in his car at approximately 7:30 a. m. the morning of the rape.
An evidentiary hearing was held on appellant's motion for a new trial at which one Franklin testified that he, not appellant, had committed the rape. Franklin, having been convicted of an unrelated rape, testified that he approached appellant in jail and volunteered that he had committed the rape of which appellant had been convicted. He further testified that he and appellant had no further communication with one another. Franklin's recital of the circumstances surrounding the rape followed generally that of the victim with some exceptions, notably: Franklin testified that he did not "make conversation" with the victim; he did not know the victim personally and was not familiar with her house or property; and he knew nothing of her eyesight or heart condition. Franklin admitted to several rapes and other illegal sexual activity. He felt that his sexual desires and behavior were not "normal." He expressed the hope that the State of Georgia would help him to receive treatment.
"Motions for new trial on the ground of newly discovered evidence are not favored and are addressed to the sole discretion of the trial judge, which will not be controlled unless abused." Van Scoik v. State, 142 Ga.App. 341, 235 S.E.2d 765 (1977). "Unless it is reasonably apparent from the record that the alleged newly discovered evidence will likely produce a different verdict upon another trial, a motion for new trial based upon that ground should not be granted ..." Parks v. State, 204 Ga. 41, 45, 48 S.E.2d 837 (1948); Cobb v. State, 219 Ga. 388, 133 S.E.2d 596 (1973).
"In numerous other cases an important element in the decision to allow a new trial has been the fact that the evidence sustaining the verdict was weak and unsatisfactory ..." Bell v. State, 227 Ga. 800, 809, 183 S.E.2d 357 (1971). The victim's testimony in the instant case was not "weak and unsatisfactory." She positively identified appellant as the perpetrator, citing his voice, his manner of speaking, and his knowledge of generally unknown facts as the basis of her identification. The victim was personally familiar with appellant, her ex-son-in-law. The testimony of Franklin materially differed from that of the victim in several particulars. Under the circumstances of this case, the trial court did not abuse its...
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Tims v. State, 66629
...the trial judge, which will not be controlled unless abused.' Van Scoik v. State, 142 Ga.App. 341, 235 S.E.2d 765." Lord v. State, 156 Ga.App. 492, 493(1), 274 S.E.2d 641. We find no abuse of discretion. Four witnesses testified before the court at the motion for new trial hearing. However,......
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Evans v. State
...in denying appellant's motion for new trial. See Clark v. State, 172 Ga.App. 239(2), 322 S.E.2d 913 (1984); Lord v. State, 156 Ga.App. 492(1), 274 S.E.2d 641 (1980). Judgment DEEN, P.J., and BEASLEY, J., concur. ...
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Young v. State, A89A2198
...verdict probable, we find no abuse of the trial court's discretion in the denial of appellant's motion. See Lord v. State, 156 Ga.App. 492-493(1), 274 S.E.2d 641 (1980). 2. Appellant next enumerates as error the denial of his new trial motion made on the ground that the State wrongfully wit......
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Jones v. State, 60137
...cited above, we cannot say that the trial court abused its discretion in denying appellant's motion for new trial. Lord v. State, 156 Ga.App. ---, 274 S.E.2d 641 (1980). 4. At the beginning of the trial, the trial court instructed the jury as follows: "It is for you to say whether, under th......