Womble v. State

• Decision Date: 24 June 1987
• Docket Number: No. 73616,73616
• Citation: 183 Ga.App. 727,360 S.E.2d 271
• Parties: WOMBLE v. The STATE.
• Court: Georgia Court of Appeals

Page 271

360 S.E.2d 271

183 Ga.App. 727

WOMBLE v. The STATE.

No. 73616.

Court of Appeals of Georgia.

June 24, 1987.

Rehearing Denied July 16, 1987.

William D. Hentz, Chickamauga, for appellant.

David L. Lomenick, Jr., Dist. Atty., David L. Whitman, Asst. Dist. Atty., for appellee.

SOGNIER, Judge.

Appellant was convicted of incest and appeals.

1. Appellant contends the evidence is not sufficient to support the verdict. The victim, appellant's fourteen-year-old daughter, testified that appellant had sexual intercourse with her, and appellant denied doing so. Thus, the only issue in this case was the credibility of witnesses, which was a question for the jury. Bryant v. State, 174 Ga.App. 468(2), 330 S.E.2d 406 (1985). The testimony of the victim was corroborated by her brother and a medical doctor, and based on our examination of the entire transcript we find the evidence sufficient to meet the standard of proof required by Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

2. Appellant contends the trial court erred by overruling his challenge to the poll of the Walker County grand jury for the November 1985 term. The basis of appellant's challenge was that three grand jurors who served during this term, when the indictment was returned against appellant, were law enforcement officers. This contention was decided adversely to appellant in Narramore v. State, 181 Ga.App. 254, 351 S.E.2d 643 (1986), which involved the same three grand jurors on the same grand jury of Walker County.

3. During the hearing on appellant's challenge to the poll of the Walker County grand jury the State objected to questions to the challenged grand jurors as to certain matters which occurred while the grand jury was in session. The State's objection was sustained and appellant asserts error in that ruling. This enumeration of error is without merit.

First, OCGA § 15-12-73 provides: "Admissions and communications among grand jurors are excluded as evidence on grounds of public policy." Although OCGA § 15-12-72 apparently makes an exception to that provision by providing that grand jurors shall disclose everything which occurs in their service whenever it becomes necessary in any court of record in Georgia, the court here apparently did not find such disclosure was necessary to resolve the issue before it. Second, the only purpose of the proposed questions was an attempt to show bias and undue influence on other jurors by the challenged jurors, because they were law enforcement officers or associated with law enforcement, thereby impeaching the finding of the true bill. Our Supreme Court has held that grand jurors cannot be sworn and examined as witnesses to impeach their findings. Turner v. State, 57 Ga. 108(1) (1876); Simms v. State, 60 Ga. 145, 146(1, 2) (1878); Tanner v. State, 163 Ga. 121, 128(8), 135 S.E. 917 (1926). Accordingly, the trial court did not err by sustaining the State's objection to questions as to what transpired while the grand jury was in session.

4. Appellant contends the trial court erred by overruling his objection to testimony as to confidential communications with his attorney, and by forcing appellant to invoke his privilege in the presence of the jury. We do not agree.

This issue arose after a detective testified that in a statement made by appellant he...