Alton Baker was convicted of aggravated sodomy involving an 11-year-old girl. His sole enumeration of error on appeal is the sufficiency of the evidence.
Two Polaroid photographs admitted into evidence depicted the child facing an adult male with the male’s sex organ in her mouth. The man’s face was not contained in the pictures. The child identified appellant (her uncle) as the perpetrator who forced her to take the depicted position, and the child’s mother identified appellant as the only adult male who entered the home from the date of the incident to the date the pictures were found (four days). The mother also testified that appellant had informed her that he had used her camera but had “messed up” some pictures.
Although the child contradicted herself about whether her uncle had removed all his clothes or just his shirt, it was up to the jury to determine her credibility. “Contradictory testimony is a matter for jury resolution and the jury may believe a part and not accept another
Judgment affirmed.
