lawskills
Google
search the Web search LawSkills.com
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
JACKSON v. THE STATE.
A89A0589.
DEEN, Presiding Judge.
Rape, etc. Jefferson Superior Court. Before Judge Hartley.
The appellant, Kenneth Jackson, was convicted of burglary and rape.
Jackson denied committing the offenses, and claimed that he had been out most of the night drinking with friends until he went home. Following his arrest, he had his grandmother, with whom he lived, to produce his wallet, which contained check stubs and an identification card. Held:
1. Contrary to Jackson's contention, the evidence authorized a rational trier of fact to find him guilty beyond a reasonable doubt of burglary and rape. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
2. Jackson contends that the trial court erred in allowing the victim to make an in-court identification of him, when there were no other blacks in the courtroom, other than jurors, for the victim to identify as her assailant. This court has already decided this issue adversely to Jackson's contention. Fambrough v. State, 146 Ga. App. 328 (246 SE2d 384) (1978).
3. Jackson's subsequent motion for new trial because of newly discovered evidence was based on an affidavit of a person who claimed that before the trial the victim had stated that she did not know who her assailant was. This "newly discovered evidence" merely served to impeach the victim's testimony, and thus did not warrant granting a new trial. Timberlake v. State, 246 Ga. 488 (271 SE2d 792) (1980).
Richard A. Malone, District Attorney, for appellee.
John J. Pilcher II, for appellant.
DECIDED MARCH 17, 1989 -- REHEARINGS DENIED MARCH 28, 1989 AND APRIL 4, 1989.
Wednesday December 3 20:27 CST


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com