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Biggs v. State

Court of Appeals of Georgia
Nov 29, 1979
263 S.E.2d 498 (Ga. Ct. App. 1979)

Opinion

58688.

SUBMITTED OCTOBER 3, 1979.

DECIDED NOVEMBER 29, 1979.

Rape, etc. Fulton Superior Court. Before Judge Langford.

R. Allen Hunt, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, R. David Petersen, Assistant District Attorneys, for appellee.


Appellant was found guilty as charged of committing motor vehicle theft and rape. We affirm.

1. Appellant's attack of the judgment on the general grounds is not well taken. The testimony of the prosecutrix concerning the rape, coupled with her identification of the accused as the perpetrator thereof; and evidence of appellant's incriminatory statement admitting the theft of the keys to the prosecutrix' car and disclosing the whereabouts of the stolen keys and car, authorized a rational trier of fact to find appellant guilty beyond a reasonable doubt of the offenses as charged. See, e.g., Howington v. State, 121 Ga. App. 715 (1) ( 175 S.E.2d 41), as to motor vehicle theft; Gray v. State, 151 Ga. App. 684, (4), as to rape.

2. The trial court did not err in admitting with limiting instructions evidence that the accused had attempted to sexually assault another. Johnson v. State, 242 Ga. 649 (3) ( 250 S.E.2d 394); Anderson v. State, 222 Ga. 561 (3) ( 150 S.E.2d 638); Thomas v. State, 234 Ga. 635 (1) ( 217 S.E.2d 152).

Judgment affirmed. Deen, C. J., and Carley, J., concur.


SUBMITTED OCTOBER 3, 1979 — DECIDED NOVEMBER 29, 1979.


Summaries of

Biggs v. State

Court of Appeals of Georgia
Nov 29, 1979
263 S.E.2d 498 (Ga. Ct. App. 1979)
Case details for

Biggs v. State

Case Details

Full title:BIGGS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Nov 29, 1979

Citations

263 S.E.2d 498 (Ga. Ct. App. 1979)
263 S.E.2d 498