Hargrave v. State, 311 Ga. App. 852

Hargrave was convicted by a jury of child molestation.
The trial court denied Hargrave’s motion for new trial.
Hargrave challenged the denial of his directed-verdict motion on venue grounds.
Hargrave challenged the denial of his motion for a new trial on sufficiency grounds.
The victim, Hargrave’s niece, testified she was abused during a 2006 Georgia visit.
Testimony and forensic-interview evidence placed the acts in Fayette County, Georgia.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was venue proven beyond a reasonable doubt?	Hargrave argues venue was not established.	State contends venue was proven by context and testimony.	Yes; venue proved beyond a reasonable doubt.
Was the evidence sufficient to support the conviction?	State failed to prove guilt beyond a reasonable doubt.	Evidence showed Hargrave touched the victim; credibility for the jury.	Yes; evidence supported each element beyond a reasonable doubt.
Did the trial court abuse its discretion denying a new trial?	Weight of the evidence favored a new trial.	Trial court properly weighed the evidence.	No; denial of new trial affirmed.

Goss v. State, 305 Ga.App. 497 (2010) (citizen's-view standard on appeal after conviction; weigh not for appellate court)
Stegall v. State, 308 Ga. App. 666 (2011) (venue proof beyond reasonable doubt may be direct or circumstantial)
Barkley v. State, 302 Ga.App. 437 (2010) (any evidentiary support suffices for venue question)
Vaughn v. State, 301 Ga. App. 391 (2009) (credibility resolved by jury; conflicts in testimony for jury to resolve)
Herrington v. State, 241 Ga.App. 326 (1999) (child-witness credibility; inconsequential variances go to weight, not sufficiency)
Green v. State, 212 Ga.App. 250 (1994) (weight of testimony vs. sufficiency; confrontation rights impact credibility)
Jones v. State, 200 Ga.App. 103 (1991) (child-witness confrontation and credibility assessment by jury)