Moore v. State

• Court: Georgia Court of Appeals
• Writing for the Court: McMURRAY
• Citation: Moore v. State, 467 S.E.2d 5, 219 Ga.App. 818 (Ga. App. 1996)
• Decision Date: 10 January 1996
• Docket Number: No. A95A2364,A95A2364
• Parties: MOORE v. The STATE.

Page 5

467 S.E.2d 5

219 Ga.App. 818

MOORE v. The STATE.

No. A95A2364.

Court of Appeals of Georgia.

Jan. 10, 1996.

Harrison & Willis, Bennett T. Willis, Jr., Macon, for appellant.

Charles H. Weston, District Attorney, Kimberly S. Shumate, Laura D. Hogue, Assistant District Attorneys, Macon, for appellee.

McMURRAY, Presiding Judge.

Defendant Moore appeals his conviction of the offenses of rape, false imprisonment, and possession of a knife during commission of a felony. Held:

The sole enumeration of error questions the sufficiency of the evidence to authorize conviction of the defendant. The evidence stated in the light most favorable to upholding the jury's verdict shows that defendant was driving around with the victim's boyfriend while drinking beer and using crack cocaine. They stopped briefly at the victim's home, then left. The defendant later returned alone to the victim's home and asked her if she wanted to join him in smoking crack cocaine. At the victim's suggestion they went to a friend's apartment and smoked a small amount of crack cocaine. Then, at defendant's suggestion, they went to his home. After their arrival at defendant's home, he locked the doors and covered the windows before taking out a rock of crack cocaine and offering it to the victim in exchange for sex. The victim refused. Defendant seemed to accept the victim's refusal and the two of them smoked the rock of crack cocaine together. Defendant then asked the victim for sex again and she reminded him of her refusal to trade crack for sex. The victim reiterated that she was not going to have sex with defendant. Defendant then began pacing about, obtained a large hunting knife, and began to insist that the victim have sex with him. The victim attempted to talk defendant out of having sexual intercourse by reminding him of his friendship with her boyfriend, telling him she had AIDS, and that she heard someone in the driveway. Defendant continued to demand that the victim take off her clothes. The victim attempted to leave, but defendant caught her, put the knife to her throat, and turned up the stereo to muffle the victim's screams.

Defendant ordered the victim to lay on the floor and forcibly had sexual intercourse with her. He responded to her resistance by putting the knife to her throat. Afterwards defendant drove the victim back to her home while telling her not to tell anyone.

When the victim arrived at home her roommate was there. Because the victim was crying and shaking, the roommate asked what was wrong. After the victim explained that she had been raped by defendant, the victim, the roommate, and a male friend of the roommate drove to defendant's home. The victim sat in the car while the male friend confronted defendan...