Clark v. State

Miller, Judge.

Convicted of rape and burglary with intent to rape, Tim Clark appeals on the general grounds. He argues that the evidence is insufficient to sustain his convictions because the State adduced no physical evidence of any struggle, fight, or force, so the trial court should have granted his motion for new trial. No court except the trial court is vested by OCGA §§ 5-5-20 and 5-5-21 with the authority to grant a new trial in a matter relating to the weight of the evidence. Since the victim testified that Clark entered her residence without consent and then forcibly raped her, we…