Edwards v. State

Court of Appeals of Georgia

Edwards v. State

257 S.E.2d 43, 150 Ga. App. 140, 1979 Ga. App. LEXIS 2162

CourtCourt of Appeals of Georgia

DecidedMay 29, 1979

Docket57895

StatusPublished

This text of 257 S.E.2d 43 (Edwards v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edwards v. State, 257 S.E.2d 43, 150 Ga. App. 140, 1979 Ga. App. LEXIS 2162 (Ga. Ct. App. 1979).

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Opinion

Carley, Judge.

Appellant was convicted of child molestation after a trial before the court without the intervention of a jury. On appeal appellant contends that the judgment was against the weight of the evidence and without evidence to support it. This court cannot consider the weight of the evidence, our only function with regard to the general grounds being to determine if the evidence is sufficient to support the judgment. Kendrick v. State, 146 Ga. App. 513 (246 SE2d 505) (1978); Ridley v. State, 236 Ga. 147 (223 SE2d 131) (1976).

In this case the thirteen-year-old prosecutrix testified as to facts showing the essential elements of the crime charged in the indictment and gave an explicit summary of other incidences of molestation over a five-year period. The testimony of a physician who examined the victim tended to corroborate the evidence of the victim. The evidence is sufficient to support the finding of the trial judge. Bruno v. State, 149 Ga. App. 1 (253 SE2d 421) (1979); Stewart v. State, 146 Ga. App. 235 (246 SE2d 142) (1978).

Judgment affirmed.

Deen, C. J., and Quillian, P. J., concur. Shulman, J., not participating.

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Carley, Judge.

Appellant was convicted of child molestation after a trial before the court without the intervention of a jury. On appeal appellant contends that the judgment was against the weight of the evidence and without evidence to support it. This court cannot consider the weight of the evidence, our only function with regard to the general grounds being to determine if the evidence is sufficient to support the judgment. Kendrick v. State, 146 Ga. App. 513 (246 SE2d 505) (1978); Ridley v. State, 236 Ga. 147 (223 SE2d 131) (1976).

In this case the thirteen-year-old prosecutrix testified as to facts showing the essential elements of the crime charged in the indictment and gave an explicit summary of other incidences of molestation over a five-year period. The testimony of a physician who examined the victim tended to corroborate the evidence of the victim. The evidence is sufficient to support the finding of the trial judge. Bruno v. State, 149 Ga. App. 1 (253 SE2d 421) (1979); Stewart v. State, 146 Ga. App. 235 (246 SE2d 142) (1978).

Judgment affirmed.

Deen, C. J., and Quillian, P. J., concur. Shulman, J., not participating.

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257 S.E.2d 43, 150 Ga. App. 140, 1979 Ga. App. LEXIS 2162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-state-gactapp-1979.

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