Gilmer v. State

Judge Harold R. Banke.

A jury convicted Clarence Gilmer of rape, statutory rape, incest and child molestation of his daughter over a period of years. The trial court sentenced him to serve 20 years concurrently on each count. Gilmer enumerates four errors. Held:

1. Gilmer contends that he was entitled to a directed verdict of acquittal based upon the State’s failure to prove venue beyond a reasonable doubt. The evidence was not in conflict on this issue. See Joiner v. State, 231 Ga. App. 61, 63 (497 SE2d 642) (1998).

The victim testified that she lived with her parents, Clarence and Janice…