Harshaw v. State

Judge Harold R. Banke.

Milton Harshaw, Jr. was convicted of kidnapping with bodily injury and acquitted of rape and robbery. Following the denial of his motion for new trial, Harshaw enumerates two errors.

On appeal, the evidence must be viewed in the light most favorable to the verdict, and Harshaw no longer enjoys the presumption of innocence. Rigenstrup v. State, 197 Ga. App. 176, 181 (4) (398 SE2d 25) (1990). Viewed in that light, the State’s evidence was as follows. At about 5:00 p.m., the victim walked to Frank Harris’ house for dinner. At about 8:00 p.m. when it was nearly dark, the…