Allen v. State

Supreme Court of Georgia

Allen v. State

188 S.E.2d 793, 228 Ga. 859, 1972 Ga. LEXIS 933

CourtSupreme Court of Georgia

DecidedApril 6, 1972

Docket27060

StatusPublished

Cited by13 cases

This text of 188 S.E.2d 793 (Allen v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. State, 188 S.E.2d 793, 228 Ga. 859, 1972 Ga. LEXIS 933 (Ga. 1972).

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Opinion

Undercofler, Justice.

Luther Henry Allen was indicted on two counts of rape of the same female which occurred in Elbert County on December 17, 1970, and January 20, 1971. The jury found him guilty on both counts and sentenced him to life imprisonment on each. A motion for new trial was overruled by the trial judge. He appeals from this judgment and enumerates as error the overruling of his motions for a directed verdict and a new trial.

The appellant contends that the evidence is insufficient to support the verdict because the testimony of the female was not corroborated and that she did not make an immediate outcry. Held:

1. The evidence was sufficient to support the verdict. It shows that on two occasions the defendant forced his way into the home of the victim, threatened her and her family with a pistol on one occasion and a knife on the other and raped her. On the first occasion the testimony of the female was supported by her husband and son who were present in the home. On the second occasion her testimony was supported by her husband. Code Ann. §26-2001 (Ga. L. 1968, pp. 1249, 1299).

*860 Submitted March 13, 1972 Decided April 6, 1972. Grant & Matthews, Carlton G. Matthews, John M. Shiver, for appellant. Cíete D. Johnson, District Attorney, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, William F. Bartee, Jr., Assistant Attorneys General, for appellee.

2. The appellant contends that the trial court erred in refusing to grant his motion for a directed verdict.

At the time this case was tried there was no statutory authority for the direction of a verdict in a criminal case and it was not error for the trial court to refuse to direct a verdict. Pritchard v. State, 224 Ga. 776 (2) (164 SE2d 808). But see in this connection Ga. L. 1971, p. 460 (Code Ann. § 27-1802), which authorizes the direction of a verdict in a criminal case where there is no conflict in the evidence and where a verdict is demanded. Carter v. State, 227 Ga. 788 (7) (183 SE2d 392).

Judgment affirmed.

All the Justices concur.

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Undercofler, Justice.

Luther Henry Allen was indicted on two counts of rape of the same female which occurred in Elbert County on December 17, 1970, and January 20, 1971. The jury found him guilty on both counts and sentenced him to life imprisonment on each. A motion for new trial was overruled by the trial judge. He appeals from this judgment and enumerates as error the overruling of his motions for a directed verdict and a new trial.

The appellant contends that the evidence is insufficient to support the verdict because the testimony of the female was not corroborated and that she did not make an immediate outcry. Held:

1. The evidence was sufficient to support the verdict. It shows that on two occasions the defendant forced his way into the home of the victim, threatened her and her family with a pistol on one occasion and a knife on the other and raped her. On the first occasion the testimony of the female was supported by her husband and son who were present in the home. On the second occasion her testimony was supported by her husband. Code Ann. §26-2001 (Ga. L. 1968, pp. 1249, 1299).

*860 Submitted March 13, 1972 Decided April 6, 1972. Grant & Matthews, Carlton G. Matthews, John M. Shiver, for appellant. Cíete D. Johnson, District Attorney, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, William F. Bartee, Jr., Assistant Attorneys General, for appellee.

2. The appellant contends that the trial court erred in refusing to grant his motion for a directed verdict.

At the time this case was tried there was no statutory authority for the direction of a verdict in a criminal case and it was not error for the trial court to refuse to direct a verdict. Pritchard v. State, 224 Ga. 776 (2) (164 SE2d 808). But see in this connection Ga. L. 1971, p. 460 (Code Ann. § 27-1802), which authorizes the direction of a verdict in a criminal case where there is no conflict in the evidence and where a verdict is demanded. Carter v. State, 227 Ga. 788 (7) (183 SE2d 392).

Judgment affirmed.

All the Justices concur.

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188 S.E.2d 793, 228 Ga. 859, 1972 Ga. LEXIS 933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-state-ga-1972.

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