Burks v. State

MIKELL, Judge.

On March 30, 1995, Antonio Burks was convicted of rape, burglary and kidnapping. On appeal, he contends the trial court’s refusal to charge the principle of circumstantial evidence embodied in OCGA § 24-4-6 warrants reversal of his convictions. Finding the error harm less, we affirm.

Evidence adduced at trial shows that the victim and Burks had had an extended relationship. The victim testified that the relationship terminated on March 13, 1994, and that one week later, she had a chance encounter with Burks on the street. Burks shoved the victim and ripped off her shirt; she…