Kirby v. State

Benham, Judge.

Appellant was convicted under separate indictments of rape and incest. The victim of both offenses was his then 14-year-old adoptive daughter.

1. In his first enumeration of error, appellant challenges the sufficiency of the evidence. We find no merit in that claim.

The State’s primary evidence was testimony of statements made by the victim and by appellant. At trial, appellant recanted his statement and the victim denied remembering some of her statements and denied making others. Her prior statements, inconsistent with her trial testimony that she did not remember making some of…