Toles v. State, A91A1995
| Decision Date | 12 February 1992 |
| Docket Number | No. A91A1995,A91A1995 |
| Citation | 415 S.E.2d 531,202 Ga.App. 815 |
| Parties | TOLES v. The STATE. |
| Court | Georgia Court of Appeals |
Robert L. Ferguson, Jonesboro, for appellant.
Robert E. Keller, Dist. Atty., Daniel J. Cahill, Jr., Asst. Dist. Atty., for appellee.
Appellant was tried before a jury and found guilty of aggravated child molestation. He appeals from the judgment of conviction and sentence entered by the trial court on the jury's verdict of guilt.
1. Adams v. State, 186 Ga.App. 599(1), 367 S.E.2d 871 (1988). A rational trier of fact could reasonably have found from the evidence adduced at trial proof of appellant's guilt of aggravated child molestation beyond a reasonable doubt. Adams v. State, supra; Keeler v. State, 181 Ga.App. 208(1), 351 S.E.2d 731 (1986).
2. Over appellant's hearsay objection, a witness was permitted to relate a statement made to her by the victim. Fitzgerald v. State, 193 Ga.App. 76, 77(5), 386 S.E.2d 914 (1989). See OCGA § 24-3-16.
3. The evidence authorized a finding that appellant was guilty only of aggravated child molestation. However, the trial court did not, as appellant contends, erroneously charge on child molestation as a lesser included offense. The record clearly shows that the trial court merely defined child molestation in connection with its charge on the elements of aggravated child molestation. Since child molestation is an element of aggravated child molestation, defining child molestation for the jury was obviously correct. Moreover, even if the trial court had given a charge on child molestation as a lesser included offense, the error...
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Bryson v. State
...showed that Bryson molested the children with such force as to have resulted in physical injury to the children. Toles v. State, 202 Ga.App. 815(1), 415 S.E.2d 531 (1992). See also OCGA § 16-6-4; Adams v. State, 186 Ga.App. 599(1), 367 S.E.2d 871 (1988). Accordingly, the trial court's instr......
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Jones v. State
...no requirement that the testimony of the victim of child molestation or aggravated child molestation be corroborated. Toles v. State, 202 Ga.App. 815(1), 415 S.E.2d 531; Saunders v. State, 195 Ga.App. 810(1), 395 S.E.2d 53; Fitzgerald v. State, 193 Ga.App. 76(2), 386 S.E.2d 914. Nevertheles......
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Osborne v. State, A99A1408.
...child molestation need not be corroborated. Turner v. State, 223 Ga.App. at 449 (1)(b), 477 S.E.2d 847, supra; Toles v. State, 202 Ga.App. 815(1), 415 S.E.2d 531; Saunders v. State, 195 Ga.App. 810(1), 395 S.E.2d 53; Fitzgerald v. State, 193 Ga.App. 76(2), 386 S.E.2d 914. Nevertheless, L.T.......
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Robinson v. State
...of the victim's desires rather than his own. However, the giving of this definitional charge was proper, see Toles v. State, 202 Ga.App. 815(3), 415 S.E.2d 531 (1992), and there could be no error since appellant was not indicted on a charge of child molestation or convicted thereof and was ......