Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

BRUNO v. THE STATE.

QUILLIAN, Presiding Judge.

The defendant appeals his conviction of the offense of rape. Held:

1. Defendant's enumerations of the general grounds are without merit. There was evidence of forced entry into the building, outcry during the incident which was heard by the next door neighbor, and testimony of a daughter who helped her mother fight the defendant. This case was tried before a judge and there is ample evidence to support his finding. Johnson v. State, 146 Ga. App. 621, 622 ( 247 S.E.2d 204); Ingram v. State, 204 Ga. 164, 184 ( 48 S.E.2d 891).

2. The defendant contends that the trial court erred in ruling the victim's ten-year-old daughter was a competent witness. "The competency of a witness is for the court to decide in its discretion (Code Ann. § 38-1601), and this decision will not be overturned in absence of abuse of discretion. . ." Porter v. State, 237 Ga. 580, 581 ( 229 S.E.2d 384). We find no abuse of discretion.

Judgment affirmed. Smith and Birdsong, JJ., concur.

SUBMITTED JANUARY 15, 1979 — DECIDED FEBRUARY 9, 1979.
Use AI to get other relevant cases.

Comments

BRUNO v. STATE
(Feb 9, 1979)