Home/Court of Appeals of Georgia/Reaves v. State

Reaves v. State

228 S.E.2d 383, 139 Ga. App. 361, 1976 Ga. App. LEXIS 1804
CourtCourt of Appeals of Georgia
DecidedJuly 16, 1976
Docket52435
StatusPublished
Cited by4 cases

This text of 228 S.E.2d 383 (Reaves 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
Reaves v. State, 228 S.E.2d 383, 139 Ga. App. 361, 1976 Ga. App. LEXIS 1804 (Ga. Ct. App. 1976).

Opinion

Stolz, Judge.

The defendant, tried for kidnapping and aggravated assault with intent to rape, appeals from his conviction of the latter offense.

1. The testimony of the victim of a rape committed 18 days later showed sufficient similarities between the two attacks to make the later one relevant as to the identity of the defendant. See Payne v. State, 233 Ga. 294, 311 (VI) (210 SE2d 775) and cits.; Fears v. State, 236 Ga. 660 (1) (225 SE2d 4) and cits. The fact that the two offenses were not identical, does not affect the relevancy, since aggravated assault with intent to rape is a lesser included offense of rape. As to this, compare Payne v. State, supra, which also involved similar, yet not identical, offenses. The testimony of this witness and the evidence adduced in the present case show similarity in the following respects. Both victims positively identified the defendant-appellant as the perpetrator; in both instances a young, black female was picked up by a cab driver (identified by both as the defendant) in the City of Atlanta around 1:00 a.m.; on both occasions the driver rubbed the *362 victims’ legs, asked them if they were virgins, gave his name as "Larry Read,” and attacked them inside the cab.

Submitted July 13, 1976 Decided July 16, 1976. Robert C. Ray, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Richard E. Hicks, Assistant District Attorneys, for appellee.

2. The verdict and judgment were authorized by the evidence.

Judgment affirmed.

Bell, C. J., and Clark, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Harris v. State
340 S.E.2d 4 (Supreme Court of Georgia, 1986)
Cowart v. State
338 S.E.2d 534 (Court of Appeals of Georgia, 1985)
Burke v. State
266 S.E.2d 549 (Court of Appeals of Georgia, 1980)
Bryant v. State
245 S.E.2d 333 (Court of Appeals of Georgia, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
228 S.E.2d 383, 139 Ga. App. 361, 1976 Ga. App. LEXIS 1804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reaves-v-state-gactapp-1976.