Legal Opinion

Jones v. State

Court of Appeals of Georgia

Decided June 13, 1979No. 57763Published

1Opinion of the Court

Been, Chief Judge.

The defendant was tried before a jury, convicted of rape, and received a twenty-year sentence. His motion for a new trial was overruled and he brings this appeal.

1. When there is no evidence contradicting the prosecutrix’ testimony that she had been raped and the only issue for jury resolution is the identity of the perpetrator of the crime, it is not error for the trial court to overrule an objection to the district attorney’s use of the term "rape” when questioning the victim on the identity of her assailant and the district attorney does not persist in the use of this…

2Cases cited5 opinions

  1. Potts v. StateSupreme Court of Georgia · 1978
  2. Sims v. StateSupreme Court of Georgia · 1933
  3. Wiggins v. StateCourt of Appeals of Georgia · 1976
  4. Daniel v. StateCourt of Appeals of Georgia · 1940
  5. Marks v. StateSupreme Court of Georgia · 1976

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